Trocaire v Catherine Wambui Karuno [2018] KECA 769 (KLR)
- Court
- Court of Appeal
- Case number
- 769
- Citation
- [2018] KECA 769 (KLR)
The appeal is allowed, and the contract automatically lapsed on June 30, 2014. Trocaire's decision not to renew the contract and the payment of a redundancy package have no relevance to this dispute.
Facts
Trocaire employed Catherine Wambui Karuno as a Regional Human Resource and Administration Manager. The contract was renewed multiple times, with the last one ending on June 30, 2014. Trocaire informed Karuno of its decision not to renew the contract and provided a redundancy package.
Issues
- Whether Trocaire's decision to re-designate Karuno as Regional Human Resource Advisor was valid
- Whether Karuno's contract automatically lapsed on June 30, 2014
Reasoning
The contract lapsed on its own accord due to the expiration of the fixed term. Trocaire's decision not to renew the contract and the payment of a redundancy package are not valid grounds for termination.
Outcome
The appeal is allowed, and the contract is dismissed with costs.
Orders
- Dismiss the respondent's suit with costs
Authorities cited
Cases cited (3)
- Liverpool City Council vs. Irwin [1977] A.C 239
- Oshwal Academy (Nairobi) & another vs. Indu Vishwanath [2015] eKLR
- Bernard Wanjohi Muriuki vs. Kirinyaga Water And Sanitation Company Limited & another [2012] eKLR
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