The question of contract renewal in Kenya: Is “It simply ended”
What Kenyan Law Actually Says About Fixed-Term Renewals By Ibalai Valarie | Advocate Trainee Picture this: Josephine has worked for the same NGO for six years, on consecutive one-year contracts renewed every December until this year, when the call never comes. Her contract makes renewal conditional on “satisfactory performance and continued programme funding.” No review was ever done. The funding was, in fact, renewed. Was there a valid offer of continued employment implied by six years of consistent conduct, or was each December just an informal gesture that never quite became a promise? Unlike a bare Omondi-style lapse, Josephine’s facts sit closer to Mweni: a documented condition, never assessed, contradicted by the employer’s own underlying facts. That is the test Omondi and Mweni together leave for a court and for Josephine’s advocate to argue. The legal foundations: what really makes a contract? Kenyan contract law is received from English common law via the Law of ...