Biwott v Eldoret Water and Sanitation Service & another (Cause E060 of 2024) [2026] KEELRC 1089 (KLR) (23 April 2026) (Judgment)

Biwott v Eldoret Water and Sanitation Service & another (Cause E060 of 2024) [2026] KEELRC 1089 (KLR) (23 April 2026) (Judgment)

The Claimant’s contract was a fixed-term contract subject to renewal by mutual consent and compliance with stipulated conditions. No legitimate expectation arose as there was no express promise or consistent past practice. The Board was a de facto lawful authority, and its actions were not invalidated by any alleged...

Source-derived case information.

Citation
[2026] KEELRC 1089 (KLR)
Parties
Claimant: Peter K. Biwott; 1st Respondent: Eldoret Water and Sanitation Service; 2nd Respondent: David Sing’oei
Court
Employment and Labour Relations Court
Jurisdiction
Kenya
Judgment Date
23 April 2026
Case Number
Cause E060 of 2024
Procedural Posture
Cause / Judgment
Outcome
Suit dismissed
Legal Topics
Fixed Term Contract, Legitimate Expectation, Fair Administrative Action, Board Constitution, Contract Renewal, Unlawful Termination
Source Language
english
Employment Law Labour Law Administrative Law Fixed Term Contract Legitimate Expectation Fair Administrative Action Board Constitution Contract Renewal +1 more

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Summary, issues, holding and outcome

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Parties

Peter K. Biwott

Claimant

Eldoret Water and Sanitation Service

1st Respondent

David Sing’oei

2nd Respondent

Procedural Posture

Cause / Judgment

Legal Issues

  1. 1 Whether the Claimant had a legitimate expectation that his contract of employment would be renewed
  2. 2 Whether the Board of Directors of the 1st Respondent was properly constituted and had the legal mandate to deliberate on and determine the Claimant’s application for renewal
  3. 3 Whether the decision not to renew the Claimant’s contract amounted to unlawful termination or was in accordance with the terms of the contract

Ratio Decidendi

The Claimant’s contract was a fixed-term contract subject to renewal by mutual consent and compliance with stipulated conditions. No legitimate expectation arose as there was no express promise or consistent past practice. The Board was a de facto lawful authority, and its actions were not invalidated by any alleged irregularity. Non-renewal of the contract was lawful and did not constitute unlawful termination.

Court Disposition

Suit dismissed

Orders

  • Claimant’s suit dismissed
  • No order as to costs