Matete v Vice Chancellor (Administration) Kenyatta University & another (Cause E015 of 2024) [2025] KEELRC 2252 (KLR)
The bottom line
#Kenya's Employment Court confirmed that when a fixed-term contract expires and the employer declines to renew it, that is not unfair termination, and every claim must be backed by solid evidence.
What this practically means
#Executive summary
#Key legal issues
#Whether non-renewal of a fixed-term contract amounts to unfair termination
No. The Claimant's contract was fixed-term, renewal was not automatic, and non-renewal terminated it by effluxion of time on 15th December 2021; Sections 41, 43 and 45 of the Employment Act are inapplicable.
The appointment letter provided for one-year renewable terms up to a maximum of three years subject to satisfactory reports and PhD progress. The last renewal ended 15th December 2021. The Claimant himself applied for renewal, acknowledging it was discretionary. Since termination occurred at expiry of the fixed term and not before, no unfair termination arises; a different result would follow only if termination occurred prior to the end date.
Whether the Claimant continued in employment after 15th December 2021
No. There was no evidence of any contract after that date, so claims for post-expiry salaries fail.
The Claimant asserted he continued rendering services after expiry, but his last contract on record ended on 15th December 2021. No subsequent contract was issued or proved, hence the claims for unpaid salaries for unissued contracts and unpaid units were unsupported by evidence.
Whether the Claimant was entitled to gratuity and per diem claims
No. The gratuity due (Kshs 338,484) was set off against undisputed rent arrears, and the per diem claim failed because Arusha was his duty station.
The Claimant did not specify the contract period for the gratuity claimed, and a letter dated 6th November 2021 showed the sum owing was applied to rent arrears which he never disputed. On per diem, he was posted to Arusha as his duty station, not sent there on a specific official assignment, and did not suggest he was unpaid during the posting.
Legal principles established
#- Fixed-term contracts ordinarily carry no obligation or expectation of renewal
- A fixed-term contract terminates by effluxion of time when the employer declines to renew it, and such non-renewal is not unfair termination; Sections 41, 43 and 45 of the Employment Act do not apply
- Daily Subsistence Allowance is payable only for travel on official assignments away from the employee's duty station
Court orders
#- 1.The Claim is dismissed/disallowed
- 2.Each party shall bear its own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act; judgment does not cite a specific invoking provision beyond the Employment Act and Article 159(2)(d) of the Constitution on delivery mode
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Matete v Vice Chancellor (Administration) Kenyatta University & another (Cause E015 of 2024) [2025] KEELRC 2252 (KLR)", Case Analysis (2025). Cause No E015 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2252/eng@2025-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.