Maisiba & another v Style Industries Limited (Cause 2031 of 2017) [2022] KEELRC 1464 (KLR)
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
#Key legal issues
#Nature of the employment relationship - fixed term or permanent
The Claimants were employees on fixed term contracts of three months which the employer renewed consistently; there was no material to suggest permanent employment
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.
Whether employment was terminated or lapsed by effluxion of time
The contracts came to an end by effluxion of time; the Claimants failed to prove unfair termination
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.
Evidential value of documents tendered without oral evidence
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
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.
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.The suit is dismissed save for the prayer for certificate of service
- 2.The Respondent is directed to issue certificates of service to the Claimants within 30 days
- 3.Each party to bear own costs
- 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.