Registrar of Trade Unions Beatrice Mathenge has been sentenced to one month in jail for disregarding court orders in a case brought against her by the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU).
Principal Judge Byram Ongaya of the Employment and Labour Relations Court handed down the verdict on Friday. Ms. Mathenge was also given an alternative fine of Ksh. 100,000. If she fails to pay the fine, she will serve the prison sentence.
Justice Ongaya ruled that the registrar, despite being familiar with the aforementioned court orders mandating her to register KMPDU officials following their election, failed to fulfil her duty as prescribed by the law and hence was found guilty of contempt.
The court ruling stated that Ms. Mathenge had confirmed in her testimony that she was aware of the judgement and the application for contempt, but despite being the Acting Registrar of Trade Unions and substantively a Chief State Counsel, she had failed to comply with the order in the judgement as directed at her and failed to attend court on the contempt application.
The court found her in contempt of court and imposed a sentence of payment of a fine of Kshs 100,000.00 forthwith, and in default, the defendant be incarcerated for a term of 30 days.
According to an affidavit sworn by Secretary General Dr. Davji Atellah, KMPDU officials 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, instigating the union to move to court in Nairobi, where they received an advantageous ruling on February 10, 2023.
The court directed the Registrar of Trade Unions to register the officials of the appellant elected on June 11, 2022, and conveyed them to the Registrar via Form Q dated June 13, 2022.
Despite considerable letters from KMPDU, Ms. Mathenge still refused to comply with the court order to register its officials following their election.
KMPDU filed a contempt application on March 6, 2023, for disinterestedness in the court ruling.
Justice Ongaya directed the registrar to appear before the court on September 25, 2023, and show compliance with the earlier orders or risk sentencing for contempt.
On October 25, Justice Ongaya found Ms. Mathenge guilty of contempt of court orders and disseminated a warrant for her arrest.
The judge directed Capitol Hill Police Station OCS to arrest the registrar and submit her to court the following morning for mention of the case.
