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ELRCDismissedMombasa MCELRC Appeal (judgment of 21 February 2025 in Mombasa MCELRC No. 172 of 2018)· [2025] KEELRC 2205 (KLR)

Ndenyele v Moi University Coast Campus (Appeal E045 of 2025) [2025] KEELRC 2205 (KLR)

Employment and Labour Relations Court
24 July 2025
1,558 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a first appeal from the magistrate's judgment of 21 February 2025 in Mombasa MCELRC No. 172 of 2018 dismissing a part-time lecturer's claim against the respondent for unpaid salary, transport and house allowances of Ksh. 1,651,232. The appellant had been engaged on yearly fixed-term contracts from 2013 to 2017 in the sociology department, paid hourly rates plus allowances for exam setting, marking, transport and accommodation. He claimed 39 unpaid hours per subject per semester across three academic years. The respondent denied the contracts, asserting any engagement was irregular, contrary to its policy limiting part-time lecturers to 3 units per semester, and aimed at defrauding it as a state corporation. The magistrate found the appellant was employed on fixed-term contracts that terminated by effluxion of time, that he failed to tabulate his claim, and dismissed the claim with costs. On appeal, the ELRC reassessed the record. It held each yearly contract was a distinct employment relationship terminating by effluxion of time under section 90 of the Employment Act; claims going back three years from the filing date of 26 August 2018 were time-barred as of 25 August 2015. Claims for monthly-accruing allowances, being continuing injuries, lapsed 12 months after cessation, and the exact cessation date could not be ascertained. Extra teaching hours agreed informally with a coordinator, absent a written review under section 10(3), were unenforceable and stripped of legality by the 3-unit policy. The magistrate's finding on burden of proof was upheld on different reasoning. The appeal was dismissed with costs to the respondent.

Key legal issues

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01

Limitation under section 90 of the Employment Act

Holding

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

Reasoning

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.

p. 4
02

Enforceability of extra teaching hours under section 10(3) of the Employment Act

Holding

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

Reasoning

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.

p. 4
03

Burden of proof on the appellant's claims

Holding

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

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.

p. 4

Legal principles established

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  • 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

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  1. 1.The appeal is without merit and is hereby dismissed
  2. 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

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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, "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.