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The Registered Trustees De La Salle Christian BrothersT/A St. Mary's Boys' Secondary School vJulius D. M. Baini

(2017) JELR 95066 (CA)

Court of Appeal  •  Civil Appeal 7 of 2016  •  7 Jun 2017  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Fatuma sichale



1. This is yet another employment matter where the termination of employment under a fixed term contract is called to question. Does the employment come to an end when the contract says it will, subject to any express term of extension, or the term can be extended by conduct? Take this case.

2. The respondent before us, a professional teacher, honorably retired from public service after a long and illustrious career after attaining the mandatory age of 60. In the year 2011, he applied for and was offered contractual services to teach English/Literature at St. Mary's Secondary School in Nyeri County, which is sponsored by the appellant. The contract was to run from January to 31st December at a monthly salary of Sh. 31,650. By 31st December, 2014 he had completed four different yearly contracts. One week after the expiry of the contract ending 31st December, 2014, the respondent says he received three letters from the school Principal dated 7th January 2015: one inf…

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