Chesire v National Aids Control Council (Employment and Labour Relations Petition E104 of 2022) [2023] KEELRC 665 (KLR)
The bottom line
#Kenya's Employment Court confirmed that fixed-term contracts end automatically when they expire, and employers have no obligation to renew them.
What this practically means
#Executive summary
#Key legal issues
#Whether the petitioner's employment was unlawfully terminated or expired by effluxion of time
The petitioner was employed on successive fixed term contracts, each of which expired by effluxion of time; the last one-year contract was accepted by her and was not terminated by the respondent
The court traced the contracts from 2012, noting each had different terms and positions, were not connected to each other, and carried no guarantee of automatic renewal. The clause relied on (paragraph 1(ii) of the June 2015 contract) had already expired in 2018 and in any event made renewal dependent on the council's decision. The petitioner accepted the final one-year contract with gratitude.
Whether the petitioner had a legitimate expectation of renewal for three years
No; paragraph 1(ii) gave no automatic legitimate expectation of renewal since the decision whether or not to renew was reserved to the council, and renewal was subject to satisfactory performance and board approval
The court held the petitioner erroneously invoked a clause of a contract that had already expired in 2018. The clause itself vested the renewal decision in the council, so no blanket or automatic expectation of renewal ever arose.
Whether a mandatory injunction to reinstate the petitioner should issue
Declined; the petitioner did not demonstrate a case with a high chance of probability or compelling reasons, and no public interest was shown
The court found the petitioner had not argued out a case with high chance of probability, that a fixed contract cannot be supported once expired absent compelling reasons, and that no evidence of public interest was adduced.
Legal principles established
#- Fixed term contracts expire by effluxion of time and there is no automatic or legitimate expectation of renewal where renewal is subject to the employer's decision or board approval
- Courts do not rewrite contracts between parties; parties are bound by their terms unless coercion, fraud or undue influence is pleaded and proved
Court orders
#- 1.Prayers A, B, C, D, D1, E, F and G of the petition are dismissed for lack of evidence that the petitioner was terminated unlawfully and unconstitutionally
- 2.The prayer for a mandatory injunction reinstating the petitioner is declined
- 3.Each party will bear their own costs
- Jurisdiction invoked
- Constitutional petition invoking fundamental rights and freedoms (Articles 159(2)(d) and 48 of the Constitution invoked in the delivery directions); specific enabling provision for the petition not stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chesire v National Aids Control Council (Employment and Labour Relations Petition E104 of 2022) [2023] KEELRC 665 (KLR)", Case Analysis (2023). Petition (amended petition dated September 9, 2022) - number not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/665/eng@2023-03-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.