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ELRCDismissedNot stated in judgment

Machangi v County Government of Nyandarua & 2 others (Miscellaneous Application E131 of 2021) [2025] KEELRC 2009 (KLR)

Employment and Labour Relations Court
9 July 2025
1,860 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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You cannot use a contempt of court application to collect money a Kenyan court or arbitrator has never actually awarded you.

What this practically means

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Executive summary

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The Applicant moved the court by Notice of Motion dated 2nd December 2024 seeking personal summonses against the County Secretary and Head of Public Service (Frank Kanja Muchina) and the CECM for Finance (Mary Kamande), a notice to show cause for outstanding arrears of Kshs. 8,135,517, a warrant of arrest for disobedience of court orders, and costs. He alleged the Respondents refused to comply with court orders for his salary. The Respondents, through the County Attorney Joseph Gatore, opposed the application, deposing that the orders of 17th August 2021 were set aside on 10th February 2022; that on 18th August 2022 the court ordered payment of Kshs. 641,610 which was duly paid (net Kshs. 471,976.95); and that all other prayers were referred to arbitration. Arbitration was initiated before a sole arbitrator, Evans Lagat FCIArb, but stalled owing to the Applicant's refusal to fix a preliminary meeting. The Respondents argued the application was an abuse of process, filed without leave while arbitration was ongoing and sought payment never adjudicated. The court reviewed its prior rulings and held that since arbitration had not proceeded and the sums sought were undetermined either by arbitration or by the court, the enforcement application could not be granted. The application was dismissed with costs in the application.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Respondents wilfully disobeyed this court's orders of 17th August 2021 and 18th August 2022 warranting contempt orders, summonses, a notice to show cause and a warrant of arrest
  2. 2.Whether the court can enforce payment of Kshs. 8,135,517 said to be outstanding salary and allowances when that claim was directed to arbitration and has not been determined

Key legal issues

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01

Enforcement of orders for payment directed to arbitration

Holding

The application was unmerited because the amounts sought had been directed to arbitration and no final determination had been made.

Reasoning

The court traced its own prior rulings: orders of 17/8/2021 were set aside on 10/2/2022; on 18/8/2022 the court ordered payment of Kshs. 641,610 and directed all other prayers to arbitration. The arbitration never proceeded, and the Applicant sought to enforce payments not adjudicated anywhere. The court therefore declined to issue show-cause, summons or arrest orders and dismissed the motion.

p. 4
02

Whether the Respondents complied with the order of 18th August 2022

Holding

The Respondents contended, and the record reflects, that they paid the ordered sum of Kshs. 641,610 less statutory deductions (net Kshs. 471,976.95); no contempt finding was made on that head.

Reasoning

The Respondents' replying affidavit swore by the County Attorney Joseph Gatore deposed to compliance with the 18th August 2022 order by paying the Applicant the sum of Kshs. 641,610 less statutory deductions, leaving a net of Kshs. 471,976.95. The court did not find any wilful disobedience of that subsisting order.

p. 2

Legal principles established

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  • A party cannot, through a contempt application, enforce payment of sums that have not been determined either in court or in arbitration proceedings to which the court referred the dispute.

Court orders

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  1. 1.The application dated 2nd December 2024 is dismissed
  2. 2.Costs in the application

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over the employment dispute and enforcement of its own orders; Contempt of Court Act, sections 4 and 27 invoked by the Applicant

Relief refused

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Summons to appear in person against the County Secretary and the CECM for Finance

Payment sought was never determined by the court or by arbitration

p. 4

Notice to show cause for arrears of Kshs. 8,135,517

Same as above

p. 4

Warrant of arrest for disobedience of court orders

No contempt established warranting committal

p. 4

Costs

Costs in the application

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

From the record, the arbitration proceedings have never proceeded. In view of this position, the application by the applicants to enforce payments not determined either through arbitration or the hearing before his court cannot be granted.
p. 4Enforcement of undetermined arbitral claims
The application is found unmerited and is dismissed accordingly. Costs in the application.
p. 4Disposition

Issues in the judgment

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minor

Judgment refers to the presiding judge inconsistently, including gendered pronouns, and to different dates for the initial order (17th August 2021 vs 19th August 2021).

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Machangi v County Government of Nyandarua & 2 others (Miscellaneous Application E131 of 2021) [2025] KEELRC 2009 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2009/eng@2025-07-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.