Kago v Inades Formation Kenya (Cause E953 of 2021) [2024] KEELRC 2179 (KLR)
The bottom line
#Kenya's Employment Court confirmed that when a fixed-term contract expires after proper notice of non-renewal, that is not unfair termination and no compensation is owed.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant was unfairly terminated or her contract ended by effluxion of time
The contract ended by effluxion of time; there was no termination and no legitimate expectation of renewal
The Claimant's contracts were fixed-term, the last running from 1st January 2021 to 31st July 2021, renewable at the employer's option depending on donor funds and performance. She was notified on 30th April 2021 that the contract would not be renewed, served the full term to 31st July 2021 and was paid her final dues. Following the authorities on fixed-term contracts, no claim for unfair termination could be maintained.
Whether the Claimant was discriminated against
The discrimination claim failed for lack of proof
The Claimant alleged she alone got a 7-month extension while peers got three years, but called no witness to prove peers received longer contracts and never complained when issued with the 7-month contract, only after serving the full term. Evidence showed she skipped trainings relevant to her performance. She therefore did not discharge the burden of proving differential treatment on a prohibited ground.
Whether the Claimant is entitled to the reliefs sought
No reliefs were due; the entire claim was dismissed with costs
Having found no unfair termination and no discrimination, and having found that the Claimant served her full term and was paid her final dues including leave pay, the court found nothing payable. The claim for service pay was also undermined by the employer's pension and NSSF contributions, and the leave claim had been abandoned in cross-examination.
Legal principles established
#- Fixed-term contracts expire by effluxion of time and carry no legitimate expectation of renewal; non-renewal does not amount to unfair termination
- Where a fixed-term contract lapses by effluxion of time, the employer is not obliged to give grounds for termination so long as it gave due notice of non-renewal
- An allegation of discrimination must be proved on a balance of probabilities with evidence of differential treatment of persons in similar positions
Court orders
#- 1.The claim in its entirety is dismissed with costs
- Jurisdiction invoked
- Employment and Labour Relations Court original jurisdiction under the Employment Act and the Employment and Labour Relations Court Act (not expressly cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kago v Inades Formation Kenya (Cause E953 of 2021) [2024] KEELRC 2179 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2179/eng@2024-09-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.