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ELRCDismissedMemorandum of Claim filed 11th October, 2018 (ELLC cause)· [2025] KEELRC 1924 (KLR)

Odipo v Kenya Association of Music Producers (Employment and Labour Relations Cause 1465 of 2018) [2025] KEELRC 1924 (KLR)

Employment and Labour Relations Court
25 June 2025
DMD. K. Njagi Marete
1,308 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court ruled that when a fixed term contract expires and is not renewed, that is not a termination, so claims for unfair dismissal damages fail.

What this practically means

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Executive summary

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The Claimant, employed as Head of Licensing, sued the Respondent seeking a declaration that his employment was unlawfully terminated, twelve months' salary as compensation, three months' pay in lieu of notice, unpaid leave for 36 days, severance pay, general damages for defamation arising from a Daily Nation public notice with his photograph, terminal dues totalling Kshs.1,937,599.00 and a certificate of service. The Respondent denied the claim, contending the Claimant served a three-year fixed term contract from 1st August 2014 to 31st July 2017, that a letter of non-renewal was issued on 31st July 2017, and that the public notice was factual and not defamatory. The court framed four issues, principal among them whether there was a termination at all. Relying on clause 3.1 of the Employment Agreement and the Claimant's own witness statement acknowledging the non-renewal letter, the court held the Claimant served a fixed term contract which expired on 31st July 2017 and was not renewed; the Claimant's attempt to reframe non-renewal as redundancy was rejected as irrelevant. Finding no termination of employment, the court held the remaining issues, including the defamation and terminal dues claims, fell away. Noting the Claimant knew or ought to have known his claim did not exist and had prosecuted it for nearly eight years, the court found this offensive to industry and dismissed the claim with costs to the Respondent on 25th June 2025 (D. K. Njagi Marete, J).

Key legal issues

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01

Whether there was a termination of the Claimant's employment

Holding

No termination occurred; the Claimant served a three-year fixed term contract expiring 31st July 2017, and the Respondent's non-renewal, communicated on the due date, is not a termination.

Reasoning

The court examined clause 3.1 of the Employment Agreement showing a three-year tenure from 1st August 2014. The claimant himself acknowledged the non-renewal letter of 31st July 2017 in his witness statement. His attempt to recharacterise the non-renewal as redundancy was held irrelevant and inapplicable on the substance. With no termination, all ancillary issues fell away.

p. 3
02

Whether the Claimant was entitled to the reliefs sought, including damages for unfair termination, notice pay, unpaid leave, severance and defamation damages

Holding

Not entitled; the reliefs collapsed with the finding of no termination.

Reasoning

All heads of claim (compensation for unfair termination, notice pay, leave pay, severance and general damages for defamation arising from the Daily Nation notice) were premised on a termination of employment. Having found the contract simply expired and was not renewed, the court held the remaining issues fell by the wayside and dismissed the claim, condemning the claimant to costs for pursuing a claim he knew or ought to have known did not exist.

p. 3

Legal principles established

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  • Non-renewal of a fixed term contract upon its expiry does not constitute termination of employment.

Court orders

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  1. 1.The claim is dismissed
  2. 2.The Claimant is condemned to pay the costs of the cause to the Respondent
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes

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, "Odipo v Kenya Association of Music Producers (Employment and Labour Relations Cause 1465 of 2018) [2025] KEELRC 1924 (KLR)", Case Analysis (2025). Memorandum of Claim filed 11th October, 2018 (ELLC cause). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1924/eng@2025-06-25

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