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ELRCDismissedNot stated in the judgment as provided· [2025] KEELRC 1538 (KLR)

Kenya Engineering Workers Union v East Africa Cables Limited (Cause E492 of 2020) [2025] KEELRC 1538 (KLR)

Employment and Labour Relations Court
21 May 2025
HWHellen Wasilwa
2,625 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~11 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled that a fixed term contract that simply expires on its stated end date is not an unfair termination, so no compensation is owed.

What this practically means

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Executive summary

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The Claimant union brought a Memorandum of Claim dated 3rd September 2020 on behalf of two grievants, Kyalo Kilonzi and Dancum Gatuguta, alleging unfair and unprocedural termination and refusal to pay terminal benefits per the parties' CBAs. It sought declarations that the grievants' terms of service contravened the CBAs and were null and void, conversion of the grievants' casual/fixed term engagements to permanent employment, compensation of Kshs 1,138,785 for each grievant with interest, certificates of service, and costs. The Respondent denied the claim, asserting the grievants were engaged on fixed term contracts from 2014 which they accepted voluntarily, cleared on 31st July 2018 upon expiry, and paid their lawful terminal benefits. Each party called one witness and filed submissions. The Claimant relied on the Bata Shoe case on fixed term contracts against a CBA and on the Macharia Waiguru case regarding a disclaimer form signed 'without prejudice'. The Respondent maintained the engagements ended lawfully and terminal dues were paid. The court found no evidence that the grievants were employed from 2007/2008 as casuals; their first contracts show contractual service from 2014, and the fixed term contracts, which the grievants signed and accepted, ended by effluxion of time on 31st July 2018. No termination letter was exhibited. The court held the unfair termination claim untenable and the remedies sought unavailable, dismissed the claim with no order of costs on 21st May 2025.

Key legal issues

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01

Whether the grievants were casual employees entitled to conversion to permanent employment under the CBA

Holding

The claim that the grievants worked as casuals from 2007/2008 was not proved; the first contracts show service on contract basis from 2014

Reasoning

The court examined the contracts and found the grievants were first engaged on fixed term contracts from 2014 with definite start and end periods which they accepted and signed. The Claimant produced no evidence of engagement from 2007/2008, so the CBA casuals conversion clause did not apply. The bonus and pay history showed the grievants were paid for periods worked, not that they were permanent employees.

p. 6
02

Whether the grievants were unfairly and unprocedurally terminated

Holding

The claim of unfair termination is unfounded; the fixed term contracts ended by effluxion of time on 31st July 2018

Reasoning

No termination letter was exhibited by the grievants. The contracts were fixed term with definite start and end dates, the last ending 31st July 2018, and the grievants were issued clearance certificates on that date. Where a fixed term contract simply expires, there is no termination to test for fairness, so remedies for unfair termination are unavailable.

p. 6

Legal principles established

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  • Where fixed term contracts have a definite start and end period which the employee accepts and signs, and the contracts end on the stated date, the contracts end by effluxion of time and there is no unfair termination
  • A party alleging unfair termination must exhibit a termination letter

Court orders

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  1. 1.The claim is dismissed
  2. 2.No order of costs - each party bears own costs
Jurisdiction invoked
Original employment and labour relations jurisdiction (Employment and Labour Relations Court Act; Employment Act; Labour Relations Act)

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, "Kenya Engineering Workers Union v East Africa Cables Limited (Cause E492 of 2020) [2025] KEELRC 1538 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1538/eng@2025-05-21

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