A Nairobi court at the Employment and Labour Relations Court has ordered the Kenya Civil Aviation Authority (KCAA) to reinstate Vivian Nyakerario Ongwae, a flight operations inspector whose contract was not renewed.
Vivian Nyakerario Ongwae moved to court under Petition No. E206 of 2024, challenging the authority’s decision not to renew her contract.
The Claims
Ongwae told the court that she had worked as a Flight Operations Inspector since 2016 under successive contracts, and that her last contract expired on December 31, 2023 despite a recommendation for renewal by her supervisor. She said KCAA did not give notice or explain why her contract was not renewed.
Court Findings
The court found that KCAA’s actions violated her constitutional rights, including the right to fair labour practices and fair administrative action.
“The respondent’s failure to communicate the decision and reasons for non-renewal was procedurally unfair and fell short of constitutional and statutory requirements,” the court ruled.
Court Orders
The court ordered the reinstatement of Vivian Nyakerario Ongwae, renewal of her contract for five years from January 1, 2024, payment of salary arrears, and compensation equivalent to 12 months’ salary (KSh 2,221,104). It also barred KCAA from hiring a replacement.
Execution Proceedings
After the judgment, KCAA did not settle the amount, prompting execution proceedings.
The court later issued a garnishee order against Kenya Commercial Bank (KCB), directing the bank to release KSh 2,221,104 from KCAA’s account to the petitioner.
Court documents showed that as of November 27, 2025, the account held about KSh 861 million, enough to settle the amount.
Case Summary
Case Number: Petition No. E206 of 2024
Court: Employment and Labour Relations Court, Nairobi
Next Step: Execution of court orders
Complainant: Vivian Nyakerario Ongwae
