Justice Mathews Nduma ruled that KCAA acted unreasonably by delaying its decision on the contract renewal of Vivian Nyakerario Ongwae, violating her employment rights.
The judgment was delivered on September 25, 2025, following a petition filed by Ongwae through lawyer Henry Kurauka.
Court finds KCAA breached employee’s contract rights
Vivian Ongwae had worked at KCAA under three consecutive fixed-term contracts.
Her final contract expired on December 31, 2023.
The court heard that Ongwae applied for renewal in September 2023, following the terms of her employment agreement.
However, KCAA Director General Emile Arao informed her that the contract would not be renewed through a letter dated January 12, 2024.
By the time the authority communicated the decision, the contract had already expired.
Judge criticises delayed communication
Justice Nduma said KCAA should have communicated its decision within a reasonable period.
Although the contract gave the Director General discretion over renewal, the court ruled that the discretion had to follow fair administrative procedures.
The judge noted that employees need enough notice to prepare for the end of employment and make alternative financial arrangements.
The court observed that delayed communication affected Ongwae’s ability to plan, especially considering her financial responsibilities.
KCAA ignored renewal recommendation
The court found that KCAA’s Human Capital Advisory Committee had recommended renewing Ongwae’s contract.
However, the Director General rejected the recommendation without providing reasons.
Justice Nduma ruled that this decision violated Ongwae’s legitimate expectation and her constitutional right to fair administrative action under Article 47.
The court also cited the employee’s right to fair labour practices under Article 41 of the Constitution.
Court orders contract renewal and compensation
The court cancelled KCAA’s January 2024 decision not to renew Ongwae’s contract.
It issued a mandatory order requiring KCAA to renew her contract for three years from the date of judgment.
The authority must also pay Ongwae general damages equivalent to six months of her salary.
The compensation amounts to KSh 2,221,104 and will attract interest until full payment.
KCAA will also cover the legal costs of the petition.
Ruling sets standard for public employers
The decision highlights the responsibility of public institutions when making employment decisions.
The court emphasized that public bodies must exercise their powers fairly, reasonably, and transparently.
The ruling reinforces that administrative decisions affecting employees must respect constitutional protections and legitimate expectations.
