TRIBE HOTEL LTD V. JOSPHAT COSMAS ONYANGO

JUDGMENT OF THE COURT

1. Tribe Hotel Ltd, the appellant, employed Josephat Cosmas Onyango, the respondent, in the position of an assistant Food and Beverage Controller at its hotel situated in Nairobi on terms and conditions set out in a letter of appointment dated 26^th February 2010 (the contract) for a contract period of 5 years commencing on 1^st April 2010. The contract provided that at the end of the 5 years, and subject to the respondent scoring an average of 70% from the combined previous appraisals, and clearing of benefits accrued by the appellant to the respondent, the “appointment may be renewed for a new term as well as your package being renegotiated.”

2. All appears to have gone well between the parties within the 5- year contract period. Indeed, on expiry of the 5-year contract period on 31^st March 2015, the respondent continued in employment. However, by a letter dated 17^th December 2015, the appellant “renewed” the respondent’s employment contract in the same position o…