The ELRC has found the Cs for labour in Contempt of Court for refusing to sign a Gazette Notice in respect of deduction of Urgency Fee for Moi Teaching and Referral Hospital and Kijabe Mission Hospital. The Union had applied for Gazettement of the Urgency fee after successfully negotiating CBAs for its members in the two health institutions. Justice Onesmus Makau delivered his ruling in the Contempt application on 22nd October, 2021 in which he found and directed as follows:-
a. That the Honourable Cabinet Secretary, Mr. Simon K Chelugui is hereby cited for contempt of this court’s order dated 12.11.2019 by failing to sign Gazette notice for an order to deduct Agency fees in favour of the claimant under section 49 of the Labour Relations Act.
b. The case will be mentioned online before my successor in Court 3 for mitigation and sentencing on 11.11.2021 at 9.00 o’clock or soon thereafter when the respondent will be at liberty to attend in person or through counsel.
c. The claimant is awarded costs of the application.