Wendot v Central Rift Valley Water Works Development Agency & 5 others (Employment and Labour Relations Petition E005 of 2023) [2023] KEELRC 1239 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Legitimate expectation of renewal of a fixed-term contract
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
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.
Validity of appointment of Board Chairman and members
The appointments of the Chairman and two members via Gazette Notices of 9th April 2021 were not shown to be irregular
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.
Legal principles established
#- 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
#- 1.The Petition is dismissed
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.