Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedCause No 2031 of 2017· [2022] KEELRC 1464 (KLR)

Maisiba & another v Style Industries Limited (Cause 2031 of 2017) [2022] KEELRC 1464 (KLR)

Employment and Labour Relations Court
15 June 2022
2,326 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

#

A Kenyan employment court ruled that expiring fixed term contracts are not the same as being fired, so the employees received no compensation.

What this practically means

#

Executive summary

#
Two claimants sued alleging unlawful termination of employment and claiming 12 months' salary compensation totalling Kshs.356,808, certificates of service and costs. Each claimed to have been first engaged on three-month written contracts which were renewed, after which they continued working without contracts until 31st July 2017, when they were directed to the Human Resource office, made to sign forms, surrender dust coats and cloaking cards and receive cheques together with termination letters citing expiry of contracts. The Respondent asserted the claimants were on fixed term contracts running from 2nd May 2017 to 31st July 2017 which lapsed by effluxion of time, and called no oral evidence, relying exclusively on documents. The court framed three issues: the nature of the contracts, whether employment was terminated or expired by effluxion of time, and entitlement to reliefs. Although the Respondent led no evidence to rebut the claimants' account of their dates of employment and salary, the claimants did not disown the signatures on the three-month contracts of 2nd May 2017 produced by the Respondent, and the termination letters they produced referenced those contracts. The court found the claimants were on three-month fixed term contracts renewed consistently, and rejected the invocation of Section 37 of the Employment Act as it applies only to casual employees. Applying authority that fixed term contracts carry no expectations beyond expiry, the court held the claimants failed to prove unfair termination. The claim for compensation was declined, notice pay was refused as unpleaded and already paid, and the suit was dismissed save for a direction that certificates of service issue within 30 days. Each party was to bear own costs. Judgment delivered virtually at Nairobi on 15th June 2022 by Dr. Jacob Gakeri, Judge.

Key legal issues

#
01

Nature of the employment relationship - fixed term or permanent

Holding

The Claimants were employees on fixed term contracts of three months which the employer renewed consistently; there was no material to suggest permanent employment

Reasoning

Both Claimants admitted initial three-month written contracts. Although they claimed no contracts after the initial renewals, they did not disown the signatures on the three-month contracts dated 2nd May 2017 produced by the Respondent, and the termination letters they themselves produced referenced those contracts. Section 37 of the Employment Act, relied on by the Claimants, applies only to casual employees.

p. 4
02

Whether employment was terminated or lapsed by effluxion of time

Holding

The contracts came to an end by effluxion of time; the Claimants failed to prove unfair termination

Reasoning

Following the Court of Appeal in Presbyterian Church v Ngotho-Kariuki and Kitheka v Kevita International, fixed term contracts carry no expectation of renewal. The Claimants did not contradict the contracts or query their authenticity, and the payslips showed notice pay was already paid. The Respondent led no oral evidence but the Claimants bore the burden of proving unfair termination.

p. 5
03

Evidential value of documents tendered without oral evidence

Holding

The Respondent's documents were not impugned; no allegation of forgery was made, authenticity was never queried at hearing, and no application for expunction was made

Reasoning

The Claimants invoked Section 35(1)(b) of the Evidence Act and Nation Newspaper v Thinga to urge dismissal of unattested documents, but CW1 confirmed she had seen the documents and did not comment on them; the Claimants did not allege forgery or disown their signatures, so the documents retained evidential value.

p. 5

Legal principles established

#
  • Fixed term contracts carry no rights, obligations or expectations beyond the date of expiry; a claim for wrongful termination cannot be maintained where the contract ended by effluxion of time
  • A party who tenders no oral evidence leaves documents unchallenged where the other side does not disown them; the Claimants did not disown the signatures on the contracts
  • Section 37 of the Employment Act applies to casual employees and cannot be invoked to convert fixed term employees into permanent ones

Court orders

#
  1. 1.The suit is dismissed save for the prayer for certificate of service
  2. 2.The Respondent is directed to issue certificates of service to the Claimants within 30 days
  3. 3.Each party to bear own costs

Authorities

#

Legislation

  • Evidence ActSection 35(1)(b)
  • Employment ActSections 9, 36, 37, 41, 43
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure ActSection 1B
  • Constitution of KenyaArticles 159(2)(d) and 48

Cases cited (7)

  • Nation Newspaper Limited v Simon Muruchi Thinga
    [2016] eKLR
  • David Gichana Omuya v Mombasa Maize Millers Ltd
    [2014] eKLR
  • Registered Trustees of the Presbyterian Church of East Africa & another v Ruth Gathoni Ngotho-Kariuki
    [2017] eKLR
  • Stephen M. Kitheka v Kevita International Limited
    [2018] eKLR
  • Margaret A. Ochieng v National Water Conservation and Pipeline Corporation
    [2014] eKLR
  • George Onyango vs The Board of Directors Numerical Machining Complex Limited & Others
    [2014] e-KLR
  • Bernard Wanjohi Muriuki v. Kirinyaga Water and Sanitation Company Limited & Others
Jurisdiction invoked
Original employment and labour relations jurisdiction (Employment Act; claim for unlawful termination and terminal dues)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Maisiba & another v Style Industries Limited (Cause 2031 of 2017) [2022] KEELRC 1464 (KLR)", Case Analysis (2022). Cause No 2031 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1464/eng@2022-06-15

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