Biwott v Eldoret Water and Sanitation Service & another (Cause E060 of 2024) [2024] KEELRC 2827 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant demonstrated a prima facie case
No prima facie case was established because the fixed-term contract had lapsed by effluxion of time and renewal was by mutual consent
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.
Whether the Claimant would suffer irreparable harm
No irreparable harm; damages would adequately compensate him
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.
Where the balance of convenience lies
It tilts in favour of the 1st Respondent
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.
Legal principles established
#- A fixed-term contract carries no expectation for renewal
Court orders
#- 1.The Notice of Motion dated 31st July 2024 is dismissed
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.