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ELRCAllowedNotice of Motion dated 10th June 2025

Shabdin v Registered Trustees of the Sisters of Mercy (Kenya) t/a Mater Misericordiae Hospital (Employment and Labour Relations Petition E006 of 2025) [2025] KEELRC 2619 (KLR)

Employment and Labour Relations Court
29 September 2025
2,419 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court found an employer in contempt for ignoring reinstatement orders, ruling that a dismissal the employee was never notified of cannot excuse non-compliance.

What this practically means

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Executive summary

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The Petitioner filed a Notice of Motion dated 10th June 2025 seeking an order that the Chief Executive Officer of the Respondent purge contempt of, or be committed to civil jail for breach of, conservatory orders issued on 27th March 2025, which restrained the Respondent from transferring her from Mater Misericordiae Hospital to Thika Medical Centre and directed her reinstatement to her initial workstation and work schedule pending the petition. The Respondent opposed through grounds of opposition and a replying affidavit of its CEO, Sr. Dr. Mary Ngui, contending that it had not wilfully defied the orders, that it had promptly approached the court by a Notice of Motion dated 4th April 2025 seeking discharge of the orders, and that the orders were incapable of implementation because the Petitioner had been summarily dismissed on 4th February 2025 with effect from 31st December 2024. The Petitioner submitted the orders were clear, known to the Respondent, and disobeyed, stressing that an application to discharge orders does not suspend compliance. The Respondent urged the higher standard of proof in contempt proceedings. The court framed four issues: clarity of the orders, knowledge, wilful disobedience and appropriate consequences. It found the order unambiguous, noted proof of service on 3rd April 2025, and held that the Respondent's dismissal letter bore no evidence of service on the Petitioner, so the alleged dismissal could not excuse non-compliance. The court found the Respondent in contempt, liable to punishment, and awarded costs of the application to the Petitioner. Delivered virtually at Nairobi on 29th September 2025 by Hellen Wasilwa, Judge.

Questions the Court framed

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

  1. 1.whether the orders issued on 27th March 2025 were clear and unambiguous
  2. 2.whether the Respondent had knowledge of the said orders
  3. 3.whether there has been wilful disobedience by the Respondent
  4. 4.whether the Respondent's conduct amounts to contempt and warrants punitive orders

Key legal issues

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01

Whether the conservatory orders of 27th March 2025 were clear and unambiguous

Holding

The court found the order unambiguous, restraining transfer and directing reinstatement

Reasoning

The court reviewed the order of 27th March 2025 which restrained the transfer of the petitioner from Mater Misericordiae Hospital to Thika Medical Centre and directed her reinstatement. The respondent had opposed the original application but did not assert at that time that the petitioner had been dismissed. The court therefore held the order left no ambiguity.

p. 5
02

Whether the respondent had knowledge of the orders and wilfully disobeyed them

Holding

Non-compliance amounted to contempt since the alleged summary dismissal was not proven to have been communicated to the petitioner

Reasoning

The respondent claimed the orders were incapable of implementation because the petitioner had been summarily dismissed on 4th February 2025. The court found the dismissal letter lacked evidence of service - no postal address, email or delivery book - so the petitioner was never notified of the alleged dismissal. Failure to implement the orders was thus contempt liable to punishment.

p. 5

Legal principles established

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  • Clarity of an order is a precondition to a finding of contempt
  • Court orders must be obeyed unless and until set aside on review or appeal
  • The standard of proof in contempt proceedings is higher than the balance of probabilities, almost but not exactly beyond reasonable doubt

Court orders

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  1. 1.Finding that failure to implement the orders of 27th March 2025 constituted contempt of court liable to punishment
  2. 2.Costs of the application to be borne by the Respondent

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Inherent contempt jurisdiction of the Employment and Labour Relations Court over disobedience of its own orders of 27th March 2025

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.

In absence of the said evidence then it follows that the petitioner applicant was never notified of her alleged summary dismissal and failure to implement orders of this court of 27th March 2025 was in contempt of this courts directions and is liable to punishment by the contemnor respondent.
p. 5finding of contempt
Costs of this application will borne by the respondents.
p. 5costs order
the standard of proof in contempt proceedings must be higher than proof on the balance of probabilities, almost but not exactly, beyond reasonable doubt
p. 4standard of proof in contempt (as cited)

Issues in the judgment

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minor

The judgment finds contempt and makes no committal or purging order despite the application seeking committal to civil jail; only a liability finding and costs are ordered

minor

The court's analysis applies the respondent's 'higher standard of proof' authority inconsistently, finding contempt without expressly addressing the standard of proof argued by the respondent

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, "Shabdin v Registered Trustees of the Sisters of Mercy (Kenya) t/a Mater Misericordiae Hospital (Employment and Labour Relations Petition E006 of 2025) [2025] KEELRC 2619 (KLR)", Case Analysis (2025). Notice of Motion dated 10th June 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2619/eng@2025-09-29

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