Ndenyele v Moi University Coast Campus (Appeal E045 of 2025) [2025] KEELRC 2205 (KLR)
The bottom line
#A part-time lecturer lost his Ksh. 1.65 million claim because yearly contracts each start a fresh three-year clock, and informal work agreements aren't enforceable without writing.
What this practically means
#Executive summary
#Key legal issues
#Limitation under section 90 of the Employment Act
Each yearly fixed-term contract was a distinct employment relationship ending by effluxion of time; claims going back three years from 26 August 2018 were time-barred as of 25 August 2015, and continuing-injury claims lapsed 12 months after cessation
The court applied section 90 of the Employment Act, following the Court of Appeal authorities on continuing injuries. Since the appellant's own pleadings distinguished each academic year's contract, each lapsed separately, and the court could not ascertain the exact cessation date of the 2016/2017 contract from the pleadings or witness statement.
Enforceability of extra teaching hours under section 10(3) of the Employment Act
Without a written agreement varying the fixed-term contract for extra units, the appellant had no legal basis to claim extra work hours agreed informally with a coordinator
The appellant admitted the 3-unit policy was within his knowledge. Section 10(3) requires written agreements for fixed-term contract terms; informal arrangements with a coordinator were stripped of legality by the policy, so no enforceable claim for extra hours could arise.
Burden of proof on the appellant's claims
The magistrate's finding that the appellant failed to discharge his burden of proof was correct, though the appellate court reached it via different reasoning
Save for an unsigned service-level agreement and demand letters, the appellant produced no proof of employment; the schedule of external part-time applications was not specific to him and the internal memo was general. The claims were therefore without proof.
Legal principles established
#- Under section 90 of the Employment Act, each fixed-term employment contract forms a distinct and separate employment relationship terminating by effluxion of time
- Claims based on allowances and benefits accruing monthly constitute a continuing injury that must be made within 12 months of cessation
Court orders
#- 1.The appeal is without merit and is hereby dismissed
- 2.Costs to the respondent
- On appeal from
- Magistrates' Court (ELRC), Mombasa
- Mombasa MCELRC No. 172 of 2018
- Jurisdiction invoked
- First appeal from the magistrate's court in employment and labour relations matter
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndenyele v Moi University Coast Campus (Appeal E045 of 2025) [2025] KEELRC 2205 (KLR)", Case Analysis (2025). Mombasa MCELRC Appeal (judgment of 21 February 2025 in Mombasa MCELRC No. 172 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2205/eng@2025-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.