Friday, May 9, 2025

On Procedural fairness to justify termination in a contract of employment: The Case of Waweru v Optimise Outsourcing Limited (Cause E760 of 2023) [2025] KEELRC 1191 (KLR)

 

PART I:

Legal Brief

Case Title:
 John Brian Waweru v. Optimise Outsourcing Limited
 Court: Employment and Labour Relations Court at Nairobi
 Judge: B. M. A. Onyango
 Case No.: Cause No. E760 of 2023
 Date of Judgment: April 28, 2025

Facts:

John Brian Waweru was employed by Optimise Outsourcing Limited as an Assistant Management Accountant from June 6, 2022, earning Kshs. 100,000 per month. After completing his probation, he continued working until August 25, 2023, when he was verbally dismissed without prior notice or a hearing. A formal letter followed on August 31, 2023, citing breach of a consultancy agreement.

Issues:

  1. Whether the termination of the claimant's employment was procedurally and substantively fair.

  2. Whether the claimant was entitled to remedies for unfair termination.

Holding:

The court held that the termination was unfair, citing violation of Sections 41, 43, and 45 of the Employment Act, 2007. The employer failed to provide a valid reason or allow the claimant an opportunity to be heard.

Decision:

  • The court awarded the claimant Kshs. 350,000 (equivalent to 3½ months’ salary) as compensation for unfair termination.

  • Ordered issuance of a Certificate of Service.

  • Interest on the award at court rates from the date of judgment.

  • No order as to costs.

Legal Principles:

  • Procedural fairness requires notice and hearing before termination (Section 41).

  • Employers must justify termination with valid reasons (Section 43).

  • Unfair termination attracts compensation (Section 49).

PART II

Summarized Case Brief:

The Employment and Labour Relations Court (ELRC) of Kenya delivered a significant judgment on April 28, 2025, in the case of Waweru v. Optimise Outsourcing Limited (Cause E760 of 2023). The court found that the claimant, John Brian Waweru, was unfairly dismissed by his employer, Optimise Outsourcing Limited, and awarded him compensation.

Case Summary:

  • Employment Details: Waweru was employed as an Assistant Management Accountant by Optimise Outsourcing Limited, starting on June 6, 2022. His employment letter was dated May 19, 2022, and his monthly salary was Kshs. 100,000. He served a probationary period of six months, ending on November 6, 2022.

  • Dismissal: On August 25, 2023, Waweru was verbally informed of his dismissal. He was told that a formal letter detailing the reasons for his dismissal would follow. On August 31, 2023, he received a letter stating that he had breached the terms of his consultancy engagement.

  • Legal Claims: Waweru contended that his dismissal violated his constitutional rights under Articles 28 (dignity), 41 (fair labour practices), and 47 (fair administrative action), as well as statutory rights under Sections 41, 43, and 45 of the Employment Act.ogekatimeslaw.blogspot.com

Court's Findings:

  • Unfair Termination: The court declared that Waweru's termination was unfair due to procedural deficiencies. Specifically, the employer failed to follow the due process required under the Employment Act, including providing a valid reason for dismissal and an opportunity for the claimant to respond.

  • Compensation: The court awarded Waweru compensation equivalent to 3½ months' salary, amounting to Kshs. 350,000.

  • Additional Orders: The employer was ordered to issue a Certificate of Service to Waweru. The court did not make any orders regarding costs.

  • Interest: Interest on the awarded amount was allowed at the court rate, from the date of judgment.

Significance:

This judgment underscores the importance of adhering to due process in employment terminations. Employers are reminded of their obligation to ensure that dismissals are conducted fairly and in accordance with the law, safeguarding employees' constitutional and statutory rights.

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Monday, May 5, 2025

On the importance of properly idntifying necessary parties in legal proceedings: The Case of Boniface Omondi v Mathare Youth Sports Association & Another [2021] KEELRC 671 (KLR)

 The case of Boniface Omondi v Mathare Youth Sports Association & Another [2021] KEELRC 671 (KLR), decided on 29 September 2021, involved an application by Bob Munro, the second respondent, seeking to be struck out from the suit on grounds of misjoinder.​See the Case

Background

Boniface Omondi, the claimant, was employed by the Mathare Youth Sports Association (MYSA), the first respondent. He alleged that his dismissal was instigated by Bob Munro, the second respondent, who was the Chairman of MYSA's Board of Trustees. Omondi contended that Munro played a role in initiating the disciplinary process that led to his termination.​Kenya Law

Application by Bob Munro

Bob Munro filed a Notice of Motion application dated 30 November 2018, seeking the following orders:​

  1. That his name be struck off from the claim for misjoinder.
  2. That the claim against him be struck off for being frivolous, vexatious, and an abuse of the court process.
  3. That costs of the application be provided for.​

Munro argued that he was not involved in the day-to-day management of MYSA and had no role in the recruitment, management, or termination of employee contracts. He asserted that the claimant's employment contract was between Omondi and MYSA, and there was no privity of contract between him and Omondi.​Read More

Claimant's Response

Omondi opposed the application, asserting that Munro was responsible for instigating the disciplinary process against him. He claimed that Munro's actions led to his unfair dismissal and that Munro should be held personally liable for the alleged defamation. Omondi further argued that Munro's presence in the suit was necessary for the court to effectually and completely adjudicate upon and settle all questions involved in the matter.​Kenya Law

Court's Ruling

The Employment and Labour Relations Court, in its ruling, considered the following:

  • Misjoinder of Parties: The court examined whether Munro was a necessary party to the suit. It found that other than being mentioned in the introductory part of the claim, Munro was not implicated in the allegations or the reliefs sought by the claimant.​Kenya Law
  • Role of Bob Munro: The court noted that Munro's role was limited to receiving a complaint against Omondi and forwarding it to MYSA's Executive Director and Human Resource Manager. There was no evidence to suggest that Munro was involved in the recruitment, management, or termination of Omondi's employment.​Read More
  • Legal Precedents: The court referred to legal precedents, including the case of Provincial Construction Company & Another v Attorney General [1991] eKLR, which emphasized that only persons who negotiate and sign a contract and are privy to it are entitled to enforce its terms.​Read more

Conclusion

The court concluded that Bob Munro was not a necessary party to the suit and granted his application to be struck out from the claim. The claimant was ordered to bear the costs of the application.​Read More

This case underscores the importance of properly identifying necessary parties in legal proceedings and the court's discretion to strike out parties who are not essential to the adjudication of the dispute.​

 

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On the threshold required to succeed in a passing off claim, particularly in the context of unregistered design: The Case of Bata Brands SA & Another v Umoja Rubber Products Limited (Commercial Case 501 of 2017) [2025] KEHC 5186 (KLR) (Commercial and Tax) (28 April 2025) (Judgment)

Brief Facts

In the matter of Bata Brands SA and Bata Shoe Company (Kenya) Ltd v. Umoja Rubber Products Ltd, the plaintiffs (hereinafter collectively referred to as "Bata") instituted proceedings against the defendant ("Umoja"), alleging the tort of passing off. Bata asserted that Umoja's manufacture and sale of its “Shupavu” school shoes constituted an unlawful imitation of the distinctive design of Bata’s “Toughees” brand, a product which Bata claimed had been in continuous production, marketing, and sale for over 15 years. According to the plaintiffs, the Toughees design had acquired significant goodwill and consumer recognition, rendering it uniquely associated with Bata in the Kenyan market. Consequently, the plaintiffs contended that Umoja’s actions were likely to deceive or cause confusion among consumers.

In its defense, Umoja denied any wrongdoing, contending that the design allegedly appropriated was neither inherently distinctive nor exclusively associated with Bata. Umoja further argued that the design in question was commonplace within the footwear industry and widely used by other manufacturers. Moreover, the defendant maintained that any statutory intellectual property protection pertaining to the design had expired following the lapse of the 15-year protection period stipulated under the applicable design laws.


Issues for determination:

1.      Whether Bata’s Toughees shoes had acquired goodwill through a distinctive design.

2.      Whether Umoja’s Shupavu shoes were identical or confusingly similar to the Toughees.

3.      Whether Umoja was passing off its shoes as Bata’s.

4.      Whether Bata was entitled to any legal remedies.

Case Analysis

In addressing the issue of goodwill, the court adopted the classical definition articulated by Lord Macnaghten in Commissioner of Inland Revenue v Muller & Co. Margarine Ltd [1901] AC 217, characterizing goodwill as the “attractive force which brings in custom.” While the court acknowledged that Bata’s “Toughees” brand had developed goodwill through sustained commercial presence in the market, it stressed that such goodwill must be linked to a distinctive characteristic or presentation (get-up) that enables consumers to differentiate the goods of one trader from those of another.

Despite this acknowledgment, the court found that Bata had not demonstrated that the design of its shoes possessed the requisite distinctiveness to serve as the source of goodwill. The evidence presented established that the contested design was not unique to Bata, having been widely adopted by various manufacturers and previously registered by C&P Shoe Industries Ltd. This prior and widespread usage undermined any assertion by Bata of originality or exclusivity in the design. The court reiterated that distinctiveness is a fundamental prerequisite in claims of passing off predicated on product design.

On the claim of passing off, the court applied the well-established tripartite test—requiring proof of (i) goodwill, (ii) misrepresentation, and (iii) resultant damage. While Bata had demonstrated the existence of goodwill in its brand, the court held that it failed to satisfy the latter two elements. Specifically, the court found no evidence of misrepresentation on Umoja’s part, noting that “Shupavu” shoes were sold primarily through Umoja’s own retail channels and were not represented as Bata products. Furthermore, market research conducted by both parties indicated that consumers were generally able to distinguish between the two products based on branding, packaging, and distribution channels.

In conclusion, the court reasoned that, given the absence of a valid or extant design registration and the lack of distinctiveness sufficient to serve as a badge of origin, Bata could not assert exclusive rights to the shoe design under the doctrine of passing off.

Courts determination:

The High Court dismissed the suit with costs to Umoja, finding that Bata had failed to prove either a unique design or actionable passing off.

Jurisprudential Contribution

This case reinforces the threshold required to succeed in a passing off claim, particularly in the context of unregistered designs. It clarifies that goodwill alone is not sufficient — it must be directly linked to a distinctive feature that can be proven to mislead the public. The court's nuanced distinction between brand-driven goodwill and design originality is a key jurisprudential point. The decision also reiterates that once statutory design protection lapses, claims based on the distinctiveness of that design must meet a higher evidentiary bar.

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On importance of due process in land transactions and the protection of property rights against fraudulent practices: The case of Harcharan Singh Sehmi & 2 Others v. Rospatech Limited & 5 Others (Environment & Land Case No. 1311 of 2014)

The case of Harcharan Singh Sehmi & 2 Others v. Rospatech Limited & 5 Others (Environment & Land Case No. 1311 of 2014) is a significant land dispute in Kenya, decided by the Environment and Land Court in Nairobi on July 22, 2019. (Harcharan Singh Sehmi & 2 Others V Rospatech Limited & 5 Others[2019] Eklr)

Background

The plaintiffs—Harcharan Singh Sehmi, Harbhajan Singh Sehmi, and Jaswaran Singh—were registered as tenants in common in equal shares of land parcel L.R. No. 209/2759/9 (I.R. No. 12263) in Ngara, Nairobi, following a transfer registered on December 7, 1968. They occupied the property from 1968 until October 2, 2014, when they were forcefully evicted. Upon eviction, Rospatech Limited (1st Defendant) and Tarabana Company Limited (2nd Defendant) took possession, presenting a new title deed for the same plot under a different I.R. number (122963), which the plaintiffs contested as fraudulent. (Harcharan Singh Sehmi, Harbhajan Singh Sehmi & Jaswaran Singh v Rospatech Limited, Tarabana Company Limited, Chief Land Registrar, Nairobi, National Land Commission, Inspector General of Police & Attorney General (Environment & Land Case 1311 of 2014) [2019] KEELC 1981 (KLR) (Environment and Land) (22 July 2019) (Judgment) - Kenya Law, Harcharan Singh Sehmi & 2 Others V Rospatech Limited & 5 Others[2019] Eklr)

Plaintiffs’ Claims

The plaintiffs sought:

Defendants’ Defense

The 1st and 2nd defendants argued that the plaintiffs’ lease had expired in 2001 and the property reverted to the government. They claimed to have lawfully acquired the property through allocation and subsequent purchase. Other defendants, including the Chief Land Registrar and the National Land Commission, denied any wrongdoing or collusion. (Harcharan Singh Sehmi, Harbhajan Singh Sehmi & Jaswaran Singh v Rospatech Limited, Tarabana Company Limited, Chief Land Registrar, Nairobi, National Land Commission, Inspector General of Police & Attorney General (Environment & Land Case 1311 of 2014) [2019] KEELC 1981 (KLR) (Environment and Land) (22 July 2019) (Judgment) - Kenya Law)

Court’s Findings

The court found that: (Tarabana Company Limited v Sehmi & 7 others (Civil Appeal 463 of 2019) [2021] KECA 76 (KLR) (8 October 2021) (Judgment) - Kenya Law)

Judgment

The court ruled in favor of the plaintiffs, granting:

The court dismissed the 2nd defendant’s counterclaim, finding no merit. (Harcharan Singh Sehmi, Harbhajan Singh Sehmi & Jaswaran Singh v Rospatech Limited, Tarabana Company Limited, Chief Land Registrar, Nairobi, National Land Commission, Inspector General of Police & Attorney General (Environment & Land Case 1311 of 2014) [2019] KEELC 1981 (KLR) (Environment and Land) (22 July 2019) (Judgment) - Kenya Law)

Appeal

The 2nd defendant appealed the decision in the Court of Appeal (Civil Appeal No. 463 of 2019). The appeal was heard by Justices M.S.A. Makhandia, P. Nyamweya, and J.W. Lesiit, and judgment was delivered on October 8, 2021. The outcome of the appeal is not specified in the provided sources. (Tarabana Company Limited v Sehmi & 7 others (Civil Appeal 463 of 2019) [2021] KECA 76 (KLR) (8 October 2021) (Judgment) - Kenya Law)

Significance

This case underscores the importance of due process in land transactions and the protection of property rights against fraudulent practices. It highlights the judiciary's role in upholding the rule of law and ensuring justice in land disputes.

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Underscoring the importance of demonstrating both a prima facie case and the likelihood of suffering irreparable injury when seeking injunctive relief: The Case of Bata Brands SA & another v Umoja Rubber Products Limited [2018] eKLR

The case of Bata Brands SA & Another v Umoja Rubber Products Limited (Commercial Case No. 501 of 2017) was heard in the High Court of Kenya at Milimani (Nairobi) under the Commercial and Tax Division. The ruling was delivered on 25 October 2018 by Justice James Aaron Makau.(Kenya Law, Kenya Law)

Case Background

The plaintiffs, Bata Brands SA and its Kenyan licensee, Bata Shoe Company (Kenya) Limited, alleged that the defendant, Umoja Rubber Products Limited, was manufacturing and selling school shoes branded “Shupavu” that closely resembled their distinctive school shoe design known as “Toughees”. The plaintiffs claimed that their design had been in the market for over 15 years and had acquired significant goodwill and reputation. They argued that the defendant's actions amounted to passing off, as consumers could be misled into believing that the "Shupavu" shoes were associated with or originated from the plaintiffs.(Kenya Law)

Court's Findings

  1. Prima Facie Case: The court found that the plaintiffs had established a prima facie case of passing off, noting that the resemblance between the "Toughees" and "Shupavu" shoes was striking and likely to deceive or cause confusion among consumers.(Kenya Law)

  2. Irreparable Injury: The court determined that the plaintiffs had not demonstrated that they would suffer irreparable injury that could not be adequately compensated by an award of damages. Despite the plaintiffs' claims of potential loss of goodwill, the court observed that their sales figures had been increasing over the years, suggesting minimal impact from the defendant's actions.(Kenya Law)

  3. Balance of Convenience: The court held that the balance of convenience did not favor the plaintiffs. It cited the case of Hoswell Mbugua Njuguna v Equity Bank Limited [2012] eKLR, where the court emphasized that for an injunction to be granted, the applicant must satisfy both the conditions of a prima facie case and the likelihood of suffering irreparable injury. Since the plaintiffs failed to meet the second condition, the court declined to grant the injunction.(Kenya Law, Kenya Law)

Outcome

The court dismissed the plaintiffs' application for an injunction, thereby allowing the defendant to continue manufacturing and selling the "Shupavu" branded shoes. The ruling underscored the importance of demonstrating both a prima facie case and the likelihood of suffering irreparable injury when seeking injunctive relief.(Kenya Law)

For a detailed account of the case, you can refer to the full judgment here: (Kenya Law).

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Saturday, May 3, 2025

Doctrine of Frustration: The Case of Kenya Chemical Workers Union v. Vector Pest Control and Supplies Limited [2025] KEELRC 947 (KLR)

Court: Employment and Labour Relations Court, Kenya
 Case No.: [2025] KEELRC 947 (KLR)
 Parties:

  • Claimant: Kenya Chemical Workers Union (the Union)

  • Respondent: Vector Pest Control and Supplies Limited (the Employer)

Issue

The main issue in this case was whether the Respondent (Vector Pest Control and Supplies Limited) could rely on the doctrine of frustration to avoid implementing the Collective Bargaining Agreement (CBA), particularly the monetary clauses, after experiencing financial difficulties. The Claimant alleged that despite a concluded CBA, the Respondent failed to implement the terms of the agreement.

Facts

  • The Claimant and the Respondent entered into a Collective Bargaining Agreement (CBA), which was finalized and agreed upon by both parties.

  • The CBA included monetary clauses, which the Respondent failed to implement.

  • The Respondent argued that it could not implement the monetary clauses of the CBA due to severe financial constraints.

  • The Respondent further argued that its financial struggles were caused by unforeseen circumstances, amounting to frustration of the contract.

Legal Issues

  1. Whether the doctrine of frustration could be invoked by the Respondent based on financial difficulties.

  2. Whether financial hardship constitutes an unforeseen event that can render performance of the CBA impossible.

  3. Whether the Respondent’s financial difficulties could justify non-performance of the CBA.

Court’s Analysis and Reasoning

  1. Doctrine of Frustration:
    The court explained the doctrine of frustration, emphasizing that it arises when an external, unforeseeable event occurs, making the performance of the contract either impossible or significantly different from what was initially agreed. The event must be beyond the control and contemplation of both parties at the time of contract formation.

  2. Financial Hardship Not Constituting Frustration:
    The court rejected the Respondent’s argument that its financial difficulties amounted to a frustrated event. The court held that financial hardship alone does not constitute frustration. It noted that businesses can generally project their financial performance, and the dip in profits experienced by the Respondent after 2021 was foreseeable. Had the Respondent engaged financial experts to project future profitability, it would have been able to plan for such eventualities.

  3. Response to Declining Profits:
    The court further emphasized that, once the Respondent realized its financial position was deteriorating, it could have taken steps to address the situation, such as restructuring or downsizing the business, rather than invoking frustration. The court pointed out that financial difficulties are common in business and should not automatically be used as an excuse for non-performance of a contract.

  4. Frustration Cannot Be Inferred from Foreseeable Events:
    The court clarified that frustration cannot be claimed for events that are foreseeable or result from normal business risks. Business decisions, such as profitability projections, fall within the reasonable expectations of parties entering into a contract.

Court’s Analysis & Conclusion:

 The court noted that financial projections and expert advice could have prevented the situation from becoming an unexpected challenge. The Respondent could have foreseen its financial decline after 2021 and taken measures such as restructuring or downsizing to mitigate the impact.

 The court stressed that frustration cannot be invoked simply because of financial hardship or disappointments in business performance.

The court held that the Respondent’s financial hardship did not amount to frustration of the CBA. The Respondent had the ability to foresee the financial decline and take corrective actions, such as restructuring its operations. The court ruled that financial difficulty alone was not sufficient to justify the invocation of the doctrine of frustration.

The court further emphasized that not all disappointments or difficulties in business will result in the frustration of a contract. The Respondent’s inability to implement the monetary clauses of the CBA was not a result of an unforeseeable or uncontrollable event.

Thus, the Respondent remained obligated to implement the terms of the CBA, and the case was decided in favor of the Claimant (Kenya Chemical Workers Union).

Key Legal Principles

  1. Frustration of Contract: A contract is frustrated when an unforeseeable event occurs, making performance either impossible or radically different from the original terms.

  2. Financial Hardship: Financial difficulties are generally not grounds for invoking frustration, especially when they are foreseeable and could have been mitigated by proper business planning.

  3. Duty to Perform Contracts: A party claiming frustration must show that the event in question was beyond its control and could not have been reasonably anticipated. 

 

Financial Hardship Not a Ground for Frustration: The court firmly held that financial hardship alone does not constitute a ground for frustration, and business difficulties or disappointments do not necessarily lead to a frustrated contract.

Implications of the Decision

This case reinforces the principle that financial challenges alone cannot justify the non-performance of contractual obligations. It places an emphasis on the need for businesses to plan carefully and use expert advice to anticipate and mitigate risks, such as changes in profitability. This case also underscores the high bar that must be met to successfully invoke the doctrine of frustration, particularly in the context of commercial contracts.

Recommendations

  • Businesses should invest in financial planning and expert advice to anticipate and manage potential financial difficulties.

  • Parties to collective agreements or contracts should negotiate and include terms that address unforeseen financial challenges to avoid relying on the frustration defense.

  • Legal practitioners should be mindful of the rigorous requirements for frustration and advise clients accordingly.

    Read the Full case here

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Friday, May 2, 2025

Fixed Term Contracts: The case of Omondi v Mathare Youth Sports Association & another [2025] KEELRC 1158 (KLR)

Brief Background:

The Employment and Labour Relations Court (ELRC) delivered a judgment in the case of Omondi v Mathare Youth Sports Association & another (Cause No. 1049 of 2018) on April 24, 2025. The claimant, Bonface Omondi, sought declarations that his termination was wrongful, malicious, and unfair, violating his constitutional rights, particularly under Articles 27(5) and 41(1) of the Constitution of Kenya. He also sought compensation, including two months' salary in lieu of notice (KSh 59,800), general damages equivalent to twelve months' salary (KSh 358,800), aggravated damages for defamation (KSh 3,000,000), and payment for 24 days of earned leave (KSh 23,920).

The respondents, Mathare Youth Sports Association and Bob Munro, denied the claimant's allegations and contested his entitlement to the reliefs sought. In a ruling dated September 29, 2021, the court struck out the name of the second respondent, Bob Munro, from the proceedings, finding him not a necessary party to the suit. See Kenya Law

The ELRC ultimately dismissed the claimant's case, finding that he had not established that his termination was wrongful, malicious, or unfair. Consequently, the court denied all the reliefs sought by the claimant.

For more detailed information, you can access the full judgment on the Kenya Law website: Kenya Law.

Case Analysis: 

In Omondi v Mathare Youth Sports Association & another [2025] KEELRC 1158 (KLR), the Employment and Labour Relations Court (ELRC) clarified the legal standing of fixed-term contracts in employment law, particularly where such contracts are repeatedly renewed and where disciplinary concerns arise near their end.

Key Points on Fixed-Term Contracts:

  1. Effluxion of Time:

    • The Respondent argued, and the court agreed, that the Claimant’s employment came to an end by effluxion of time, not through termination.

    • Even though the contract had been renewed almost ten times, each contract remained a distinct, time-bound agreement.

  2. Disciplinary Allegations vs. Natural Expiry:

    • The Respondent raised allegations of misconduct but did not act on them through formal termination or disciplinary proceedings.

    • Instead, the contract was allowed to lapse naturally, and this choice was deemed lawful.

    • The court noted that if the contract had been terminated early due to misconduct, a different legal analysis would have applied.

  3. No Automatic Conversion:

    • Repeated renewals of fixed-term contracts do not convert them into permanent contracts.

    • The court rejected the idea that the employer had a continuing obligation to renew, stating that assuming so would “render the purpose” of fixed-term contracts “nonsense.”

  4. Court’s Holding:

    • The Claimant's contract expired at the agreed end date, and his employment was not unfairly terminated.

    • The mention of misconduct in the non-renewal letter did not amount to dismissal, since there was no actual termination before the contract’s expiry.

Legal Implication:

The judgment reinforces that in Kenyan employment law, fixed-term contracts remain enforceable as such, and their natural expiry cannot be equated to unfair dismissal, even if prior misconduct is cited—so long as no premature termination occurs.

The decision in Omondi v Mathare Youth Sports Association & another [2025] KEELRC 1158 (KLR) sets a significant precedent in Kenyan employment law, particularly regarding the handling of fixed-term employment contracts. 

Here's a summary of how this case may influence similar disputes:

1. Reinforces the Validity of Fixed-Term Contracts

  • The court confirmed that even repeated renewals of fixed-term contracts do not transform them into permanent contracts.

  • Employers and employees alike will now have clearer expectations: each fixed-term contract is distinct, and renewal does not imply permanence.

2. Clarifies Non-Renewal vs. Termination

  • The ruling distinguishes between non-renewal due to expiry and termination (including dismissal).

  • An employer is not obligated to renew a fixed-term contract, even if allegations of misconduct exist, provided the contract is allowed to expire naturally without issuing a dismissal.

3. Protects Employer Discretion in Renewals

  • Employers retain the discretion to decline renewal of a fixed-term contract without having to prove misconduct or follow disciplinary procedures—unless early termination occurs.

4. Limits Claims of Unfair Termination

  • Employees on fixed-term contracts will have limited grounds to claim unfair termination unless:

    • The contract is terminated before expiry without just cause, or

    • Due process is not followed in early dismissal.

5. Encourages Clarity in Employment Agreements

  • Both employers and employees are encouraged to clearly define the duration, renewal terms, and expectations in fixed-term contracts to avoid ambiguity and disputes.

Overall Impact:

This case strengthens legal clarity around the end of employment by effluxion of time, helping employers avoid liability where contracts end naturally, while also signaling to employees that long service under fixed terms does not automatically create indefinite employment.

 

 

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Legal Liability for Copyright Infringement: The Case of Rebecca Wanjiku v Christ is the Answer Ministries (CITAM) & Isaac Peter Kalua

๐Ÿงพ Legal Case Brief Case: Rebecca Wanjiku v Christ is the Answer Ministries (CITAM) & Isaac Peter Kalua Citation: Civil Case 66 of...