The Employment and Labour Relations Court (ELRC) in Nairobi has ordered the Kenya Civil Aviation Authority (KCAA) to renew the contract of its former employee, Vivian Nyakerario Ongwae, who served as a Flight Operations Inspector.
Justice Mathews Nduma, in a judgment delivered on September 25, 2025, also awarded Ongwae Ksh 2.2 million in damages after finding that the authority acted “unreasonably, capriciously, maliciously, and irrationally” in failing to renew her employment contract.
“A mandatory injunction is issued to compel the Respondent to forthwith renew the contract of the Petitioner with effect from the date of this judgment for a term of three (3) years, which is consistent with other previous contracts held by the Petitioner or on any other better terms, the Respondent may deem just and fit,” read the ruling in part.
“The court finds that the Petitioner is entitled to general damages equivalent to six (6) months’ salary for the violation of her constitutional rights under Articles 41(1) and 47(1) and (2) of the Constitution and violation of clause 21 of the contract of employment between the parties in the sum of Ksh (370,184 x 6) = Ksh. 2,221,104.00.”
Court Orders KCAA to Reinstate Former Employee and Pay Ksh 2.2 Million
The Court issued an order of certiorari quashing KCAA’s decision, communicated in a letter dated January 12, 2024, not to renew Ongwae’s employment contract, which had expired on December 31, 2023.
Justice Nduma said the decision violated both the Constitution and the petitioner’s contractual rights.
The court further issued a mandatory injunction compelling KCAA to renew her contract for three years, or on better terms, effective from the date of the ruling.
The court held that KCAA breached Ongwae’s rights under Articles 41 and 47 of the Constitution, which guarantee fair labour practices and fair administrative action.
Justice Nduma faulted the KCAA for notifying her of non-renewal 12 days after her contract had already expired in December, despite her timely request for renewal.
Additionally, the court found that KCAA had ignored recommendations from its Human Capital Advisory Committee (HCAC) and Ongwae’s supervisor, both of whom had endorsed the renewal.
This, the judge said, created a legitimate expectation of renewal which was unfairly disregarded without reasons.
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Case Background
Ongwae had served on three consecutive fixed-term contracts with KCAA. The dispute arose after her contract expired on December 31, 2023.
She applied for renewal on September 22, 2023, as required by Clauses 20 and 21 of her contract.
However, KCAA Director General Emile Arao only communicated the authority’s decision not to renew the contract through a letter dated January 12, 2024, nearly two weeks after it had already lapsed.
Ongwae argued that this decision disrupted her financial commitments, including an outstanding mortgage of Ksh 3.4 million, which was guaranteed by her salary.
Her petition cited violation of her rights to equality and non-discrimination (Article 27), fair labour practices (Article 41), and the Fair Administrative Action Act, 2015.
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KCAA’s Defence
KCAA, led by Director General Emile N. Arao, argued that the contract expired by operation of law and that it was under no obligation to provide reasons for non-renewal.
It dismissed claims of legitimate expectation and insisted Ms. Ongwae was aware of the contract end date.
The authority relied on legal precedents stating that fixed-term contracts lapse automatically and employers are not obliged to justify non-renewal unless expressly provided in the contract.
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