The High Court has ordered the Nyamira County government to pay five former employees it terminated their contracts Sh24.6 million for breach of contract.
Justice Wilfrida Okwany directed the county to pay Tonny Bironga, Evelyne Mogere, Johnson Nyandika, Rebecca Okari, Nicodemus Nyamweya, and Patrick Mamboleo.
The judge in Nyamira High Court also directed the county to pay the five Sh24,592,372, being a decretal sum, within a reasonable timeline.
Justice Okwany also temporarily stopped the arrest and a six-month jail term for county executive committee member for finance Jones Omwenga, his chief officer Asenath Maobe and county secretary Jack Magara for defaulting to pay the former employees.
The judge temporarily stayed the warrants of arrest dated January 3, 2025, against the county officer for failure to pay the said money as ordered by her court on July 4, 2024.
Justice Okwany extended the timeline for payment of the said decretal sum as requested by the county officers and set aside the earlier payment dates set through a consent dated October 31, 2024.
“The contemnors (county officers) shall make a reasonable proposal regarding the adjusted timelines within which they undertake to settle the decretal sum,” said Justice Okwany.
However, the judge declined to set aside the warrant of arrest issued against the said officers.
Bironga filed a notice of motion against the county officers to show cause why they should not be committed to civil jail for disobedience of the court’s judgment and orders issued by Justice Okwany on July 4, 2024, at the Nyamira High Court.
Bironga sued the County Government of Nyamira and its three officers, seeking an order of mandamus directing the county officers to pay Sh24,592,372 together with interest thereon at court rates.
Bironga also asked the county to pay Sh810,925, the Certificate of State Costs. He wanted the county officers cited for contempt for disobeying Justice Okwany and committed to a six-month jail sentence.
He said that the county officers defaulted on paying the said decretal sum as agreed on a consent dated October 31, 2024, where the county agreed to Sh39,985,950 in two instalments over two financial years.
Bironga said the first instalment of Sh9,992,975 was to be paid on or before December 15, 2024, or before March 31, 2025, while the second instalment of Sh19,992,975 was to be paid on or before October 10, 2025.
However, the county officers failed to comply with the consent orders and instead filed an application dated January 16, 2025, seeking a stay of execution of the warrants of arrest dated January 3, 2025, against them.
The county officers also sought an extension of time to settle the said decretal amount.
Justice Okwany, in her ruling delivered on February 27, 2025, stated that she had no jurisdiction to hear and determine matters regarding employment matters and, specifically, the instant decree arising from the Employment and Labour Relations Court in Kericho in a case between Bironga and others vs County Government of Nyamira.
The judge said that it was not in the interest of justice to determine the issue of jurisdiction on a matter that was, for all intents and purposes, resolved.
The judge said the matter was only reopened for the purposes of dealing with the default and failure by the County officer to comply with the terms of their consent.
“I find that it was not necessary or in the interest of justice to determine the issue of jurisdiction on a matter that was resolved,” said Justice Okwany.
The High Court has ordered the
Nyamira County
government to pay five former employees it terminated their contracts Sh24.6 million for breach of contract.
Justice Wilfrida Okwany directed the county to pay Tonny Bironga, Evelyne Mogere, Johnson Nyandika, Rebecca Okari, Nicodemus Nyamweya, and Patrick Mamboleo.
The judge in Nyamira High Court also directed the county to pay the five Sh24,592,372, being a decretal sum, within a reasonable timeline.
Justice Okwany also temporarily stopped the arrest and a six-month jail term for county executive committee member for finance Jones Omwenga, his chief officer Asenath Maobe and county secretary Jack Magara for defaulting to pay the former employees.
The judge temporarily stayed the warrants of arrest dated January 3, 2025, against the county officer for failure to pay the said money as ordered by her court on July 4, 2024.
Justice Okwany extended the timeline for payment of the said decretal sum as requested by the county officers and set aside the earlier payment dates set through a consent dated October 31, 2024.
“The contemnors (county officers) shall make a reasonable proposal regarding the adjusted timelines within which they undertake to settle the decretal sum,” said Justice Okwany.
However, the judge declined to set aside the warrant of arrest issued against the said officers.
Bironga filed a notice of motion against the county officers to show cause why they should not be committed to civil jail for disobedience of the
court’s judgment
and orders issued by Justice Okwany on July 4, 2024, at the Nyamira High Court.
Bironga sued the County Government of Nyamira and its three officers, seeking an order of mandamus directing the county officers to pay Sh24,592,372 together with interest thereon at court rates.
Bironga also asked the county to pay Sh810,925, the Certificate of State Costs. He wanted the county officers cited for contempt for disobeying Justice Okwany and committed to a six-month jail sentence.
He said that the county officers defaulted on paying the said decretal sum as agreed on a consent dated October 31, 2024, where the county agreed to Sh39,985,950 in two instalments over two financial years.
Bironga said the first instalment of Sh9,992,975 was to be paid on or before December 15, 2024, or before March 31, 2025, while the second instalment of Sh19,992,975 was to be paid on or before October 10, 2025.
However, the county officers failed to comply with the consent orders and instead filed an application dated January 16, 2025, seeking a stay of execution of the warrants of arrest dated January 3, 2025, against them.
The county officers also sought an extension of time to settle the said decretal amount.
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Justice Okwany, in her ruling delivered on February 27, 2025, stated that she had no jurisdiction to hear and determine matters regarding employment matters and, specifically, the instant decree arising from the Employment and Labour Relations Court in Kericho in a case between Bironga and others vs County Government of Nyamira.
The judge said that it was not in the interest of justice to determine the issue of jurisdiction on a matter that was, for all intents and purposes, resolved.
The judge said the matter was only reopened for the purposes of dealing with the default and failure by the County officer to comply with the terms of their consent.
“I find that it was not necessary or in the interest of justice to determine the issue of jurisdiction on a matter that was resolved,” said
Justice Okwany.
By Joackim Bwana