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ELRCDismissedNot stated in the judgment· [2024] KEELRC 2827 (KLR)

Biwott v Eldoret Water and Sanitation Service & another (Cause E060 of 2024) [2024] KEELRC 2827 (KLR)

Employment and Labour Relations Court
14 November 2024
2,993 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This is a ruling on the Claimant's Notice of Motion dated 31st July 2024 in an employment claim before the Employment and Labour Relations Court. The Claimant, former Managing Director of Eldoret Water and Sanitation Service Company (ELDOWAS), sought conservatory orders: suspension of the Board's letter of 17th July 2024 declining to renew his contract, an injunction stopping the advertised recruitment of a new Managing Director, orders preserving him in office, and restraints against harassment or interference with his employment. He argued that he was denied a fair hearing guaranteed under Articles 41, 47 and 50 of the Constitution and that the Board, appointed by Gazette Notice on 31st July 2024, lacked jurisdiction over the 17th July 2024 decision. The Respondents countered that renewal was by mutual consent, he applied late, he failed to submit self-evaluation reports and refused to attend the evaluation meeting, and that an injunction would create a vacuum hampering service delivery. The court, Maureen Onyango J, applied the Giella v Cassman Brown principles. It held the Claimant had no prima facie case because his fixed-term contract lapsed by effluxion of time and carried no expectation of renewal; no irreparable harm since damages would suffice; and the balance of convenience favoured the Respondents. The application was dismissed with costs in the cause.

Key legal issues

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01

Whether the Claimant demonstrated a prima facie case

Holding

No prima facie case was established because the fixed-term contract had lapsed by effluxion of time and renewal was by mutual consent

Reasoning

Clause 12 of the contract provided that renewal shall be by mutual consent, with six months' notice. The court applied Giella v Cassman Brown and Mrao Ltd v First American Bank on prima facie cases. Relying on Kitheka v Kevita and Trocaire v Catherine Wambui Karuno, it held that upon lapse of a fixed-term contract the employer need not justify non-renewal on other grounds, so the Claimant's unfair-hearing argument on non-renewal disclosed no arguable right.

p. 6
02

Whether the Claimant would suffer irreparable harm

Holding

No irreparable harm; damages would adequately compensate him

Reasoning

The court reasoned that the contract had expired and no court order could extend it. Any wrong by the Respondents could be assuaged by compensation or an award of damages, which the Claimant had already prayed for in the Claim. The irreparable-injury limb of Giella v Cassman Brown therefore was not satisfied.

p. 6
03

Where the balance of convenience lies

Holding

It tilts in favour of the 1st Respondent

Reasoning

The court held that the 1st Respondent would suffer more by having a vacuum in the office of Managing Director if the orders were granted, which would hamper service delivery to the people of Uasin Gishu County and other service areas. Public interest favoured continuation of the recruitment process.

p. 6

Legal principles established

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  • A fixed-term contract carries no expectation for renewal

Court orders

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  1. 1.The Notice of Motion dated 31st July 2024 is dismissed
  2. 2.Costs shall be in the cause
Jurisdiction invoked
Articles 50, 41 and 47 of the Constitution of Kenya; sections 12 and 20 of the Employment and Labour Court Act; Rule 17 of the Employment and Labour Relations Court (Procedure) Rules, 2016

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, "Biwott v Eldoret Water and Sanitation Service & another (Cause E060 of 2024) [2024] KEELRC 2827 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2827/eng@2024-11-14

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