Written By Were Kelly
In a landmark ruling that reinforces the constitutional rights of employees in Kenya, the Employment and Labour Relations Court has delivered a decisive victory for Vivian Nyakerario Ongwae against her former employer, the Kenya Civil Aviation Authority (KCAA).
Presiding Judge Justice Mathews Nduma found the state corporation liable for unfair labour practices and ordered the immediate reinstatement of Ms. Ongwae, a Flight Operations Inspector, whose contract was unlawfully terminated.
The case, argued successfully by Lawyer Henry Kurauka for the petitioner, revealed that Vivian Ongwae had served the KCAA under three successive fixed-term contracts, the last of which expired on 31st December 2023.
The court heard that in September 2023, she formally applied for a renewal as per her contract. However, in a move the judge later described as “unreasonable, irrational and malicious,” the KCAA’s Director General, Mr. Emile Arao, waited until 12th January 2024—twelve days after her contract had lapsed, to inform her it would not be renewed.
Justice Nduma upheld the arguments presented by Advocate Kurauka, ruling that the Authority’s conduct violated specific clauses in Ongwae’s employment contract.
The judge emphasized that the clause requiring the employee to give notice of her intention to renew implicitly obligated the employer to respond in a reasonable timeframe.
By failing to do so, the KCAA deprived Vivian of the opportunity to prepare for her financial future, particularly given a substantial bank mortgage guaranteed by her salary.
