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Shivachi v Kenya Institute of Professional Studies (Cause 1277 of 2017) [2024] KEELRC 178 (KLR) (8 February 2024) (Judgment)

[2024] KEELRC 178 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
178
Citation
[2024] KEELRC 178 (KLR)
Decided
8 February 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramJK GAKERI, Onyango
Holding

The court finds that the Claimant has failed to demonstrate a subsisting contract of service in early May 2017 or a legitimate expectation of renewal.

Facts

The Respondent employed the Claimant as a part-time tutor for one semester starting January 11, 2017. The contract was renewable, but the Claimant was terminated on or around May 3, 2017.

Issues

  1. Whether the termination of the Claimant's employment was unfair, unlawful, or illegal.
  2. Whether the Claimant is entitled to one month's salary in lieu of notice and 12 months' compensation.

Reasoning

The court determined that the contract was not renewed and the Claimant did not have a legitimate expectation of renewal. The termination was not unfair or unlawful.

Outcome

The Claimant's case is dismissed.

Authorities cited

Cases cited (6)
  • Rajab Barasa & 4 others V Kenya Meat Commission (2016) eKLR
  • Stephen Kitheka V Kevita International Ltd (2018) eKLR
  • Registered Trustees of the Presbyterian Church of East Africa & another V Ruth Gathoni Ngotho (2017) eKLR
  • Kipkebe Ltd V Peterson Ondieki Tai (Supra)
  • Mbita Ntiro V Mbae Mwirichia & another (2018) eKLR
  • Alice Wanjiru Ruhiu V Messai
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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