Machangi v County Government of Nyandarua & 2 others (Miscellaneous Application E131 of 2021) [2025] KEELRC 2009 (KLR)
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 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.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
#Enforcement of orders for payment directed to arbitration
The application was unmerited because the amounts sought had been directed to arbitration and no final determination had been made.
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.
Whether the Respondents complied with the order of 18th August 2022
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.
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.
Legal principles established
#- 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
#- 1.The application dated 2nd December 2024 is dismissed
- 2.Costs in the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
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
#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
Notice to show cause for arrears of Kshs. 8,135,517
Same as above
Warrant of arrest for disobedience of court orders
No contempt established warranting committal
Costs
Costs in the application
Quotable passages
#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.
The application is found unmerited and is dismissed accordingly. Costs in the application.
Issues in the judgment
#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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.