Mercy Wangari Muchiri v Total Kenya Limited [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Lady Justice Maureen Onyango
Judgment Date
October 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Mercy Wangari Muchiri v Total Kenya Limited [2020] eKLR, highlighting key legal principles and outcomes in this significant judgment.

Case Brief: Mercy Wangari Muchiri v Total Kenya Limited [2020] eKLR

1. Case Information:
- Name of the Case: Dan Caxton Chogo Undusu v. The Jubilee Insurance Company of Kenya Limited
- Case Number: Cause No. 2126 of 2016
- Court: Employment and Labour Relations Court, Nairobi
- Date Delivered: 9th October 2020
- Category of Law: Civil
- Judge(s): Hon. Lady Justice Maureen Onyango
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve include:
- Whether the Claimant was unfairly terminated from his employment.
- Whether the Claimant is entitled to the reliefs sought, including gratuity, unpaid leave allowance, and damages for wrongful termination.

3. Facts of the Case:
The Claimant, Dan Caxton Chogo Undusu, was employed by The Jubilee Insurance Company of Kenya Limited as a Clerk of Works under a series of fixed-term contracts. His last contract was set to expire on 28th August 2015. The Claimant alleged that his employment was unlawfully terminated as he expected his contract to be extended and did not receive a notice of termination. He sought various reliefs, including gratuity and unpaid leave. The Respondent contended that the contract naturally terminated upon its expiration, and all dues had been paid to the Claimant.

4. Procedural History:
The Claimant filed a Memorandum of Claim on 14th October 2015, asserting wrongful termination. The Respondent submitted a Memorandum of Defence on 8th February 2017, arguing that the contract expired by effluxion of time and that all terminal dues were settled. The Claimant responded to this defense, reiterating his claims. The court heard testimonies from both parties and examined the evidence presented.

5. Analysis:
- Rules: The court considered the Employment Act, particularly Sections 35(6) and 74(1)(f), which address the termination of fixed-term contracts and the employer's obligation to keep records of employee leave entitlements.
- Case Law: The court referenced several precedents, including *Bamburi Cement Limited v William Kilonzi* and *Chacha Mwita v KEMRI & Others*, to establish that fixed-term contracts do not carry an expectation of renewal unless mutually agreed upon. In *Margaret A Ochieng v National Water Conservation & Pipeline Corporation*, the court held that fixed-term contracts terminate automatically upon expiration without the need for notice.
- Application: The court found that the Claimant was aware of the contract's expiration and had previously acknowledged it in correspondence. Since the contract was a fixed term with no mutual agreement for renewal, the court ruled that the Claimant could not claim unfair termination. Additionally, the court determined that the Claimant was not entitled to gratuity as it was not stipulated in his contracts, and the claim for unpaid leave days was unproven.

6. Conclusion:
The court concluded that the Claimant was not unfairly terminated and therefore was not entitled to the reliefs sought. The entire claim was dismissed, with no orders for costs.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The case underscores the principle that fixed-term contracts terminate automatically upon expiration unless there is a mutual agreement for renewal. The court's ruling emphasized the importance of clear contractual terms and the necessity for employees to be aware of their employment agreements. The outcome serves as a precedent for similar cases regarding the termination of fixed-term employment contracts in Kenya.

Document Summary

Below is the summary preview of this document.

  • Mercy-Wangari-Muchiri-v-Total-Kenya-Limited-[2020]-eKLR-Case-Summary_1758_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries