Kenya Shoe & Leather Workers Union v Slapper Shoe Industries Limited [2014] KEELRC 994 (KLR)
The bottom line
#A Kenyan court ruled that when a fixed-term work contract expires and isn't renewed, that isn't unfair redundancy unless the worker proves a real expectation of renewal.
What this practically means
#Executive summary
#Key legal issues
#Whether the Grievants were declared redundant unfairly or their contracts expired by effluxion of time
The contracts expired by effluxion of time; the Respondent merely opted not to renew them, and the claim as pleaded did not permit examination of redundancy
Clause 2 of each contract made renewal subject to the Respondent's sole discretion. The Union pleaded the causes of action without alleging legitimate expectation of renewal or unfair labour practice, so the Court could not look beyond the contract terms. The documentary evidence showed non-renewal and payment of terminal dues, not redundancy.
Whether failure to renew a fixed term contract can amount to unfair termination or redundancy under Kenyan law
Unlike South Africa (s 186(b) LRA) and England (s 95 Employment Rights Act 1996), Kenya has no statutory regime treating non-renewal as unfair termination or redundancy
The Court noted comparative statutory provisions that bring non-renewal within unfair dismissal regimes, but held that no equivalent Kenyan provision exists, so the comparative discussion was inappropriate to the case before it.
Weight to be given to Sammy Muhia & Others v KPLC (2006) eKLR
The Court declined to apply the authority because it was decided under a fundamentally different legal framework predating the Constitution 2010 and the Employment Act 2007
The 2010 Constitution introduced a right to fair labour practices absent under the old Constitution, and the Employment Act 2007 repealed cap 226; authorities decided under the old regime must be applied cautiously.
Legal principles established
#- Where claims are pleaded in contract, the Court cannot go outside the contractual terms to examine reasons for non-renewal or alleged unfair redundancy absent a plea of legitimate expectation or unfair labour practice
- Failure to renew a fixed term contract is not placed under the statutory unfair termination regime in Kenya as it is in South Africa and England
- Pre-2010 authorities decided under the old Constitution and repealed Employment Act (cap 226) must be relied on with caution
Court orders
#- 1.The Memorandum of Claim filed in Court on 8 October 2013 is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the trade dispute referred after conciliation
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Shoe & Leather Workers Union v Slapper Shoe Industries Limited [2014] KEELRC 994 (KLR)", Case Analysis (2014). Memorandum of Claim filed 8 October 2013 (number not stated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/994/eng@2014-05-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.