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ELRCDismissedPetition (Nakuru ELRC) - number not stated in judgment· [2023] KEELRC 1239 (KLR)

Wendot v Central Rift Valley Water Works Development Agency & 5 others (Employment and Labour Relations Petition E005 of 2023) [2023] KEELRC 1239 (KLR)

Employment and Labour Relations Court
25 May 2023
4,609 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed that a fixed-term contract ends on its expiry date and employers have no obligation to renew it, even for good performers.

What this practically means

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Executive summary

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The petitioner, a former Chief Executive Officer of the Central Rift Valley Water Works Development Agency, petitioned the ELRC at Nakuru challenging the 1st Respondent Board's decision of 30th April 2021 declining to renew his three-year fixed-term contract, and also challenging the appointment of the Board Chairman, Boniface Kamanga Muhia, and members Julius Kamau Muthanwa and Cynthia Jerotich Kipchilat, appointed by the Cabinet Secretary via Gazette Notices No. 3519 and 3520 of 9th April 2021. He sought declarations of violation of Articles 10(2)(c), 41 and 47 of the Constitution and of the Fair Administrative Actions Act, quashing of the Board's decision and the Gazette Notices, restoration to office or alternatively payment of three years' salary, damages and costs. The respondents contended that renewal of a fixed-term contract is discretionary and not a right, that legitimate expectation does not apply to fixed-term contracts, that the Board appointments followed a competitive recruitment process, and that the issues were purely employment matters. The respondents also raised res judicata citing a similar petition (E014 of 2021). The court held that the petitioner's fixed-term contract carried no expectation of renewal, following Transparency International v Teresa Carlo Omondi, and found the Board appointments were not shown to be irregular. The petition was dismissed with costs to the respondents.

Key legal issues

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01

Legitimate expectation of renewal of a fixed-term contract

Holding

The petitioner, appointed on a fixed-term contract with a definite expiry date, could not insist on renewal; non-renewal was at the employer's discretion

Reasoning

The court noted the petitioner held a fixed-term contract expiring on 30th April 2021. Relying on the Court of Appeal decision in Transparency International v Teresa Carlo Omondi, which binds the ELRC, the court held that such contracts are renewable or non-renewable at the employer's discretion and not as of right. The petitioner's good performance and claim of legitimate expectation could not convert the expired contract into an indefinite one.

p. 9
02

Validity of appointment of Board Chairman and members

Holding

The appointments of the Chairman and two members via Gazette Notices of 9th April 2021 were not shown to be irregular

Reasoning

The respondents deponed that the Chairman and members applied in response to a public advertisement, were shortlisted, interviewed and competitively appointed. The petitioner led no evidence to the contrary. The court found no reason to conclude the appointments were not done above board and declined to invalidate the Gazette Notices or dissolve the Board.

p. 9

Legal principles established

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  • Fixed-term contracts carry no expectation of renewal; renewal or non-renewal is at the discretion of the employer and not a right

Court orders

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  1. 1.The Petition is dismissed
  2. 2.Costs of the Petition to the Respondents
Jurisdiction invoked
Article 258(1) & (2) of the Constitution (petitioner's invocation); employment and constitutional jurisdiction of the ELRC

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, "Wendot v Central Rift Valley Water Works Development Agency & 5 others (Employment and Labour Relations Petition E005 of 2023) [2023] KEELRC 1239 (KLR)", Case Analysis (2023). Petition (Nakuru ELRC) - number not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1239/eng@2023-05-25

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