1. On 19th December, 2022 the court extended interim orders issued on 13th December, 2022 except the four Chief Officers whose positions were preserved pending the hearing and disposal of the petition herein.
2. The above position has not been denied by the petitioners and has further been confirmed by the respondents. The court has perused the application for contempt and the supporting affidavit and documents but has not been able to come across any sufficient evidence to demonstrate that the respondents filled the four reserved positions.
3. Contempt is a very serious accusation and ought to be premised on clear and sufficient evidence. None has been provided in this particular case. The court will therefore not delve deeper in the matter but take cognisant of the fact that the petition herein was brought under certificate of urgency. It involves employment of the petitioners and whether they should continue in employment or with not. The respondent too is also concerned that it should fill the positions, the four petitioners are occupying if a decision be reached that the petitioners contracts expired and were not renewed.
4. There is therefore need to fastrack and conclude the petition.
5. The court will therefore declare the application for contempt unmerited and proceed to dispose of the petition.
It is so ordered.
Dated, Signed and Delivered virtually at Nairobi on this ………day
of……………………….…2023
Abuodha J. N.
Judge
In the presence of:-
……………………………………….. for the Claimant
…………………………………………for the Respondent