Gyto Success Company Limited v Dalu (Appeal E214 of 2024) [2025] KEELRC 587 (KLR)

The court found the contract dated 27 January 2020, signed by the respondent, for 1 March 2020 to 31 March 2022, was admitted on cross-examination and unchallenged. Relying on authority that a fixed-term contract lapses by effluxion of time and carries no expectations beyond expiry, the court held the tender-based contract ended on its terms, so the trial court erred in awarding notice pay and 12 months' compensation under Sections 45 and 49 of the Employment Act.

The contract provided Ksh.12,000 inclusive of house allowance. The applicable minimum for a night guard at Taru Station (outside the city area) was Ksh.9,931.75 gross, so the wage paid exceeded the minimum and there was no underpayment. The claim of Ksh.15,141.95 did not apply to the respondent's area of work.

Applying Rogoli Ole Manadiegi v General Cargo Services Limited, the court held that although the employer is custodian of records, the employee must establish hours or days served beyond the legal maximum. The contract provided for 52 hours of overtime and wages were paid above the minimum; the public holiday claim was a global figure not particularised, so the trial court erred in principle in failing to analyse these claims.