Registrar of Trade Unions jailed for one month in KMPDU contempt case

Registrar of Trade Unions Beatrice Mathenge has been slapped with a one-month jail term for ignoring court orders in a case filed against her by the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU).

Employment and Labour Relations Court Principal Judge Byram Ongaya, in a judgement delivered on Friday, also imposed an alternative fine of Ksh.100,000, in default of which Ms. Mathenge will serve the prison sentence.

Justice Ongaya ruled that the Registrar, despite being aware of previous court orders directing her to register KMPDU officials following their election, failed to conduct her duty as prescribed by the law, hence was found guilty of contempt.

“On 04.08.2023 the ruling on the contempt application was subsequently delivered in circumstances that, as the contemnor confirmed in her testimony, that she had all along been aware of the judgment and the application for contempt but despite being the Acting Registrar of Trade Unions and substantively a Chief State Counsel (duly re-designated by Public Service Commission effective 05.05.2022), she had failed to comply with the order in the Judgment as directed at her and failed to attend Court on the contempt application,” read the court ruling.

“The Court found her in contempt of Court. The Court has taken into account all the circumstances of the case and imposes a sentence of payment of a fine of Kshs.100,000.00 forthwith and in default, the contemnor be imprisoned for a term of 30 days.”

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 previous 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 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 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.

On October 25, Justice Ongaya found Ms. Mathenge guilty of contempt of court orders and issued a warrant for her arrest.

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