Shieni v Alliance for a Green Revolution in Africa (Employment and Labour Relations Cause 55 of 2019) [2025] KEELRC 1522 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether non-renewal of successive fixed-term contracts amounted to unfair labour practice
No unfair labour practice; the contract was fixed-term, renewed consensually, and terminated by effluxion of time after notice of non-renewal.
The court applied binding Court of Appeal authority (Transparency International Kenya v Omondi; Trocaire v Catherine Wambui Karuno) holding that fixed-term contracts carry no legitimate expectation of renewal. There was no promise of renewal by the respondent. Notice of non-renewal was given on 5th April 2018 for a contract expiring 30th April 2018. Section 41 procedural requirements were inapplicable since there was no termination within the meaning of the Act, but expiry by effluxion of time.
Whether the claimant's employment should have converted to permanent/indefinite terms under section 37 of the Employment Act
Section 37 does not apply; the claimant was at all times on fixed-term contracts, not casual employment, and the Kenyatta University v Esther Njeri Maina case was distinguished.
The claimant signed written fixed-term contracts with a fixed duration and was paid consolidated monthly pay with overtime, pension and NSSF, unlike a casual employee. The court relied on East Africa Sea Food Limited v Mwazito and Amatsi Water Services Company v Francis Shire Chachi holding that section 37 conversion applies only to casual engagements. The facts of Kenyatta University v Maina (casual typist under duress, denied leave) were distinguished.
Whether the claimant was discriminated against through pay disparity and selective termination
No discrimination proved; no suitable comparator was produced and the payslip of a third-party employee was inadmissible.
The claimant produced only the payslip of Mercy Nthenya Kisilu without her contract, her testimony or consent, contrary to section 35 of the Evidence Act and confidentiality clauses of his contract. Following the Supreme Court in Muthuuri v Attorney General and Gwer v KEMRI, such a document had no evidential value and the burden of proof for constitutional discrimination claims is elevated. Kisilu was paid basic salary and transport while the claimant was paid basic pay and overtime, making him unique rather than comparably treated.
Whether the claimant was entitled to the terminal dues claimed
No: April 2018 salary was proved paid; severance was unavailable absent redundancy; medical claim was undocumented; certificate of service was not raised in the demand letter.
On the April 2018 salary, the respondent produced a bank bulk items report showing payment of KShs.172,403 (basic pay plus overtime). The claimant did not produce his bank statement to rebut it nor object to the document's production. Severance under section 40 applies only to redundancy, whereas the contract ended by effluxion of time. The medical claim had no supporting documents, and temporary staff were reimbursed upon receipts.
Legal principles established
#- A fixed-term contract terminates on its expiry date unless renewed, and renewal is at the discretion of the employer; several renewals do not create a legitimate expectation of further renewal.
- Section 37 of the Employment Act on conversion of casual employment does not apply to fixed-term contracts.
- Human resource policies and manuals do not automatically form part of an employment contract unless expressly incorporated and assented to by the employee.
- A claimant alleging pay discrimination must prove the unequal pay is caused by unlawful discrimination, using a suitable comparator.
Court orders
#- 1.The entire claim is dismissed
- 2.Costs of the suit awarded to the respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act and Article 41 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shieni v Alliance for a Green Revolution in Africa (Employment and Labour Relations Cause 55 of 2019) [2025] KEELRC 1522 (KLR)", Case Analysis (2025). ELRC Claim No. 55 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1522/eng@2025-05-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.