Ayodi v Jacquiline Achieng Mugo Executive Director FKE & 4 others (Employment and Labour Relations Petition E149 of 2024) [2025] KEELRC 2754 (KLR)
The bottom line
#Kenya's Employment Court confirmed that when a fixed term contract expires, non-renewal is not unfair termination, and you can only win the specific reliefs you actually ask for.
What this practically means
#Executive summary
#Key legal issues
#Whether the non-renewal of the Petitioner's fixed term contract amounted to unlawful and unfair termination
No; the contract expired by effluxion of time upon refusal of renewal, and this is not termination.
The Petitioner served a one-year fixed term contract ending 30th July 2024. He complied with clause 16 by requesting renewal, which was refused, and his appeal was also refused. Relying on Tracaire v Catherine Wambui Karuno, the court held that fixed term contracts bind the parties for the term stated and carry no rights or expectations beyond expiry. The contract therefore terminated automatically by effluxion of time, not by termination.
Whether the court could grant relief on the pleaded allegations of constitutional, statutory and contractual violations
No; the Petitioner sought only specific monetary and reinstatement reliefs without declaratory foundations, and the petition lacked a proper basis.
Though the petition made extensive pleadings on violations of the Constitution, the Employment Act and the Labour Relations Act, the final prayers sought only reinstatement and compensation. No declarations of violation were sought. A litigant is bound by the reliefs in the primary pleading, and commentary on unsupported averments would be an academic exercise.
Whether abuse of fixed term contracts and ethnic imbalance at FKE could ground relief
The evidence was noted as damning if true, but no specific reliefs were sought and no nexus was established with the non-renewal.
The court acknowledged ILO Convention No. 158, domesticated under the Employment Act, which permits exclusion of fixed term workers but requires safeguards against contracts aimed at avoiding protection. It noted evidence that most FKE employees were on short-term contracts for continuous business and that 10 of 12 senior positions were held by one ethnic community, but found insufficient nexus to the non-renewal and no reliefs tied to those allegations.
Legal principles established
#- Fixed term contracts terminate automatically on expiry and carry no rights, obligations or expectations beyond the date of expiry.
- A litigant is bound by the reliefs sought in the primary pleading; the court determines the case on the reliefs actually sought.
Court orders
#- 1.The petition is dismissed in its entirety
- 2.No order as to costs
- Jurisdiction invoked
- Employment and labour relations jurisdiction of the Employment and Labour Relations Court (constitutional and statutory violations under Articles 10, 19, 20, 27, 41 and 47 of the Constitution and the Employment Act, 2007 pleaded)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ayodi v Jacquiline Achieng Mugo Executive Director FKE & 4 others (Employment and Labour Relations Petition E149 of 2024) [2025] KEELRC 2754 (KLR)", Case Analysis (2025). Not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2754/eng@2025-10-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.