Arrest warrant issued for Registrar of Trade Unions in case filed by KMPDU

The Employment and Labour Relations Court (ELRC) in Nairobi has issued a warrant of arrest for Registrar of Trade Unions Beatrice Mathenge in a case filed against her by the Kenya Medical Practitioners’ Pharmacists and Dentists Union (KMPDU).

Justice Byram Ongaya, in the Wednesday ruling, found Ms. Mathenge in contempt of court orders issued earlier this year.

The Judge hence directed Capitol Hill Police Station OCS to apprehend the Registrar and present her in court on Thursday morning for mentioning of the case.

“A warrant is issued for arrest and presentation to court of the Acting Registrar of Trade Unions, Ms. Beatrice Mathenge who has been found in contempt of court order in the judgement delivered on February 10, 2023,” ruled Justice Ongaya.

“The police officer commanding Capitol Hill Police Station to execute the warrant and present the said Ms. Mathenge at Milimani Commercial Court Thursday, October 26, 2023 at 9:30am or such earliest time thereafter.”

In the case, KMPDU officials, according to an affidavit sworn by Secretary General Dr. Davji Atellah, told the court that they were duly elected to their roles on June 11, 2022, and communicated the same to Ms. Mathenge for registration on June 13, 2022.

The Registrar, however, failed to do so, prompting the union to move to court in Nairobi, where they received a favourable ruling on February 10, 2023.

“In the said judgment, this Honourable Court directed the Registrar of Trade Unions to register the officials of the appellant elected on 11th June, 2022 and communicated to the Registrar vide form Q dated 13th June, 2022,” read court papers seen by Citizen Digital.

“Following the said judgment, the appellant wrote to the Registrar vide letters dated 14th February, 2023 requesting for registration of its officials in compliance with the judgment of the Court.”

The court documents added: “Further, on 1st March, 2023, the appellant, through their advocates, wrote to the Registrar asking for compliance with the judgment of Court. In their letter dated 1st March, aforesaid, the appellant forwarded to the Registrar a certified copy of the judgment, decree and a copy of form Q dated 13th June, 2023.”

The medical practitioners’ union went on to state that, despite sending her numerous letters, Ms. Mathenge still declined to comply with the court order to register its officials following their election.

The Registrar also did not file any responses in the case, prompting KMPDU to file a contempt application on March 6, 2023 for disregard of the court ruling.

The doctors’ union hence previously sought “an order committing the Registrar of Trade Unions to civil jail for six months for acting in contempt of the judgment delivered in this matter on 10th February, 2023.”

Justice Ongaya had on August 9, 2023 directed the Registrar to appear before the court on September 25, 2023 and show compliance for the earlier orders or risk sentencing for contempt.