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ELRCDismissedELRC Cause No. 1915 of 2016 (Consolidated with ELRC Cause Nos. 1916 of 2016 and 1917 of 2016)· [2022] KEELRC 346 (KLR)

Paul Mutisya Matheka v Kenmet Limited [2022] KEELRC 346 (KLR)

Employment and Labour Relations Court
31 March 2022
2,127 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed that a fixed-term contract simply expires when it ends—employers owe no renewal, and employees cannot claim unfair termination.

What this practically means

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Executive summary

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Two consolidated claims (ELRC Cause No. 1917 of 2016 having been dismissed for non-attendance) were brought by Paul Mutisya Matheka and Harun Matata Kyalo against Kenmet Limited, each seeking a declaration that his termination was illegal, unlawful, unfair and inhumane, plus terminal dues of Kshs 213,340 and Kshs 256,200 respectively. Both claimants alleged they were turned away from work on 2nd and 3rd August 2016. The respondent maintained that each claimant was employed on a six-month fixed-term contract commencing 2nd January 2016 and lapsing on 30th June 2016 (the 2nd claimant's extended to 31st July 2016), and that the contracts were not renewed on account of poor performance. The claimants denied signing the contracts and alleged unfair termination contrary to section 45(1) and (2) of the Employment Act, relying on Walter Ogal Anuro v Teachers Service Commission; the respondent relied on Fatuma Abdi and Rajab Barasa. The court found the signed contracts and attendance registers proved expiry by effluxion of time, the claimants having never disputed the signatures or attacked the legitimacy of the contracts. Applying Rika J's holding in Margaret A. Ochieng v National Water Conservation and Pipeline Corporation, the court held that fixed-term contracts carry no expectation of renewal, so there was no unfair or unlawful termination. House allowance claims failed as salary vouchers showed house allowance was paid; leave and August 2016 wage claims failed for lack of evidence. Both claims were dismissed in their entirety with no orders as to costs, the claimants being at liberty to collect their terminal dues as tabulated by the Labour Officer.

Key legal issues

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01

Whether the claimants were terminated or whether their fixed-term contracts expired by effluxion of time

Holding

The claimants' contracts expired on their end dates and were not renewed; they were not terminated

Reasoning

The respondent produced signed contracts showing fixed end dates (30 June 2016, extended to 31 July 2016 for the 2nd claimant) and attendance registers consistent therewith. The claimants, though denying signing contracts, did not dispute the signatures or plead forgery, nor attack the legitimacy of the contracts in pleadings or oral evidence. The evidence tallied with the respondent's case.

p. 3
02

Whether there was a legitimate expectation of renewal of the fixed-term contracts

Holding

No legitimate expectation of continued employment arose; renewal was at the employer's discretion upon the employee's written request

Reasoning

The contracts expressly provided that after expiry, upon the employee's written request and subject to satisfactory performance, renewal would be at the discretion of Kenmet Limited. The claimants therefore knew renewal was not automatic and could have no legitimate expectation of continued employment upon expiry. The court adapted Rika J's holding in Margaret A. Ochieng on fixed-term contracts.

p. 3
03

Whether the termination, if any, was unfair and unlawful contrary to section 45 of the Employment Act

Holding

Not unfairly or unlawfully terminated since the contracts lapsed by effluxion of time

Reasoning

Having found the contracts expired and were not renewed, the question of unfair or unlawful termination under section 45(1) and (2) of the Employment Act did not arise. The subsequent issue of entitlement to reliefs tied to unfair termination likewise fell away, and the reliefs claimed were denied for lack of merit or lack of evidence.

p. 3

Legal principles established

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  • Fixed-term contracts carry no expectation of automatic renewal; expiry by effluxion of time terminates the employment without unfair termination

Court orders

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  1. 1.Both claims, ELRC Cause Nos. 1915 of 2016 and 1916 of 2016, dismissed in their entirety
  2. 2.No orders as to costs
  3. 3.Claimants at liberty to collect their terminal dues as tabulated by the Labour Officer

Authorities

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Legislation

  • Employment Actsection 45(1) and (2)
  • Civil Procedure RulesOrder 21 Rule 1
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Civil Procedure Act (Chapter 21, Laws of Kenya)Section 1B

Cases cited (4)

  • Walter Ogal Anuro vs Teachers Service Commission
    (2013) eKLR
  • Fatuma Abdi vs Kenya School of Monetary Studies
    (2017) eKLR
  • Rajab Barasa & 4 others vs Kenya Meat Commission
    (2016) eKLR
  • Margaret A. Ochieng vs National Water Conservation and Pipeline Corporation
    [2014] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act; claims under section 45(1) and (2) of the Employment Act)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Paul Mutisya Matheka v Kenmet Limited [2022] KEELRC 346 (KLR)", Case Analysis (2022). ELRC Cause No. 1915 of 2016 (Consolidated with ELRC Cause Nos. 1916 of 2016 and 1917 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/346/eng@2022-03-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.