Kariuki v Tangaza University College & another (Cause E375 of 2022) [2025] KEELRC 2017 (KLR) (25 June 2025) (Judgment)

Facts

The Claimant, David Kimenju Kariuki, was employed by the 1st Respondent, Tangaza University College, as a Financial Accountant for three years, with renewals and promotions. The contract was renewed in 2013, 2016, and 2019, and the Claimant was promoted to Chief Accountant and later to Strategic Planning Manager. On 26th February 2022, the 2nd Respondent, Apollinaire Chihebe Chishugi, notified the Claimant that his contract would not be renewed upon expiry.

Issues

1. Whether there was a termination of the employment of the Claimant by the Respondent
2. Whether the termination, if at all, was wrongful, unfair and unlawful
3. Whether the Claimant is entitled to the relief sought
4. Who bears the costs of this cause

Reasoning

The Court found that the contract lapsed on 22nd March, 2022, and the Respondent provided one month's notice of non-renewal. The Claimant's reliance on Sections 41 and 45 of the Employment Act, 2007, and the doctrine of legitimate expectation was not applicable.

Outcome

The appeal was dismissed with costs.

Authorities cited