Rajab Barasa & 4 others v Kenya Meat Commission [2016] KEELRC 1190 (KLR)
The bottom line
#Kenya's Employment Court ruled that fixed-term contracts end automatically on expiry, with no expectation of renewal, and dues must be paid directly to employees.
What this practically means
#Executive summary
#Key legal issues
#Status of the Claimants' employment upon expiry of fixed-term contracts
The fixed-term contracts lapsed and were renewed only by the backdated letters of 4th November 2015; they were not automatically renewed by operation of law; the periods served without written contracts changed the employment status
The court held a fixed-term contract ends automatically on its expiry date, and either party may then opt out or invite the other to a new contract. The Claimants admitted their contracts were renewed to specific expiry dates. The renewal letters were backdated, leaving interim periods unregulated, during which the employment relationship automatically changed since no written contracts existed. Claims for automatic renewal were therefore misconceived.
Whether the interlocutory injunctions sought by the Claimants could issue
The injunctions were declined because the fixed-term contracts had lapsed or would lapse, no prima facie infringement was shown and no irreparable prejudice pending trial was established
Applying Giella v Cassman Brown and Mrao Ltd v First American Bank, the court found that upon issuance of the 4th November 2015 renewal letters a new employment relationship commenced, so a key element of the claim was lost. Discrimination allegations required evidence at a full hearing, and the staff rationalisation claims were speculative. The 4th Claimant's subsisting contract was to be served in full with all dues.
Whether the Respondent's application to deposit salaries in Court and bar the Claimants from its premises should issue
The application was allowed except for the deposit of dues in Court; dues must be paid directly under section 18(5) of the Employment Act, and access to premises is only upon invitation or prior authority once contracts lapse
The court found no justification for depositing salaries in Court because section 18(5) of the Employment Act obliges the employer to pay all wages earned and allowances due directly upon termination by effluxion of time, with records retained under sections 73 and 74. With contracts lapsed, access to premises is by invitation or prior authority, though reasonable access like any member of the public should be allowed.
Legal principles established
#- A fixed-term contract terminates automatically on its expiry date and does not carry an expectation of automatic renewal
- Where an employee continues working for over two months without a written contract after lapse of a fixed-term contract, the employment relationship automatically changes to a different regime under the Employment Act
- An employer's human resource policy cannot override the written contract of employment
- Taking of annual leave is a legal requirement under section 18 of the Employment Act and is not punishment
Court orders
#- 1.The application dated 17th December 2015 is declined save that the subsisting contract of the 4th Claimant shall be served in full with all due salaries, allowances, benefits where due paid to him directly
- 2.The application dated 25th February 2016 as amended is allowed save that all due salaries, benefits and allowances due to the Claimants under their fixed-term contracts shall not be deposited in Court and shall be paid directly to them as due
- 3.The Respondent shall allow the Claimants reasonable access to their premises and for the 4th Claimant full and open access pending due performance of his contract of employment
- 4.The access allowed shall be immediately withdrawn where in the assessment of the Respondent the Claimants engage in prohibited acts or criminal conduct
- 5.Costs shall be in the cause
- Jurisdiction invoked
- Section 12 of the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (3)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kenya Commercial Bank Limited v Bogita (Employment and Labour Relations Appeal E286 of 2024) [2025] KEELRC 1729 (KLR)[2025] KEELRC 1729 (KLR)12 Jun 2025
- Banking, Insurance & Finance Union (Kenya) v KCB Bank (Kenya) Limited [2019] KEELRC 327 (KLR)[2019] KEELRC 327 (KLR)28 Oct 2019
- Kenya Plantation & Agricultural Workers Union v Kenya Tea Growers Association [KTGA] (Cause 1997 of 2014) (Employment and Labour) [2016] KEELRC 559 (KLR)[2016] KEELRC 559 (KLR)20 Jun 2016applied
Cite this brief
#Cite this brief
Caselaw, "Rajab Barasa & 4 others v Kenya Meat Commission [2016] KEELRC 1190 (KLR)", Case Analysis (2016). Cause (Memorandum of Claim) with Notice of Motion dated 17th December 2015 and Notice of Motion dated 25th February 2016 (amended 26th February 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1190/eng@2016-03-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.