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ELRCPartially AllowedNot stated in the judgment· [2024] KEELRC 2165 (KLR)

Kyalo v English Press Limited (Employment and Labour Relations Cause 252 of 2017) [2024] KEELRC 2165 (KLR)

Employment and Labour Relations Court of Kenya
28 August 2024
JRJames Rika
772 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court ruled that a worker whose fixed-term contract simply expired cannot later claim he was unfairly dismissed.

What this practically means

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Executive summary

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The Claimant, employed by the Respondent as a General Worker from January 8, 2011, sued claiming that he was summarily dismissed by word of mouth on May 3, 2016 without notice or terminal dues. He sought declarations of unfair and unlawful termination and various reliefs totalling Kshs. 367,890, including rest days, public holidays, notice pay, annual leave, severance pay, 12 months' salary for unfair termination, costs, interest and a certificate of service. The Respondent countered that the Claimant worked on fixed-term contracts, the last running from May 1, 2015 to April 30, 2016, at a gross salary of Kshs. 12,597 monthly, and that his contract simply lapsed on the agreed date, with rest days and leave paid under the contract. The Claimant testified and rested on March 17, 2023; Rachael Karugu, Head of Human Resource, testified for the Respondent on March 15, 2024. The Court found the decisive evidence came from the Claimant himself: his own testimony, confirmed by the Respondent's witness, was that his contract had expired before he went on annual leave, and he never argued an expectation of renewal. His claims for rest days, public holidays and annual leave spanned contracts outside the last one and lacked foundation; pay slips showed annual leave and service were consistently paid, including in his final April 2016 pay slip. The Court rejected the claim save for the prayer for a certificate of service, ordered the Respondent to issue the certificate, and made no order on costs.

Key legal issues

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01

Whether the Claimant was summarily dismissed or his employment ended by expiry of the fixed-term contract

Holding

Employment ended by expiry of the fixed-term contract; the summary dismissal claim was a U-Turn unjustified by the evidence.

Reasoning

The Claimant executed a 1-year fixed-term contract from May 1, 2015 to April 30, 2016. In his own evidence he volunteered that his contract had expired before he went on annual leave, and this was confirmed by the Respondent's witness. He never pleaded or argued an expectation of renewal, so his later claim of summary dismissal had no justification and the contract simply lapsed on the agreed date.

p. 2
02

Whether claims for rest days, public holidays and annual leave across the entire service were merited

Holding

These claims had no foundation; pay slips showed annual leave was consistently paid and no complaint was raised on expiry of earlier contracts.

Reasoning

The claims incorporated contracts outside the last 1-year contract, yet the Claimant did not complain when those earlier contracts expired. His pay slips indicated annual leave was consistently paid, and his last pay slip for April 2016 showed payment of annual leave and service. He also admitted going on annual leave and learning of the end of his contract only upon return.

p. 2

Legal principles established

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  • Where a claimant's own evidence confirms his fixed-term contract had expired, he cannot sustain a claim of summary dismissal, particularly where he did not plead an expectation of renewal.

Court orders

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  1. 1.The Claim is rejected, save for the prayer for the certificate of service
  2. 2.The Respondent shall issue the Claimant with his certificate of service
  3. 3.No order on the costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act and the Constitution (not expressly cited in the judgment)

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, "Kyalo v English Press Limited (Employment and Labour Relations Cause 252 of 2017) [2024] KEELRC 2165 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2165/eng@2024-08-28

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