The Employment and Labour Relations Court has dismissed a petition challenging the non-renewal of fixed-term contracts for 15 clinical officers at Kenyatta University Teaching, Referral and Research Hospital.
The court struck out the petition filed by the Kenya Union of Clinical Officers, ruling that fixed-term contracts do not carry an automatic entitlement to renewal.
The dispute arose after the hospital issued letters in October 2025, March 2026 and April 2026 informing the affected clinical officers that their employment would end when their fixed-term contracts expired.
The union argued that the decisions were unconstitutional, saying the hospital had failed to provide reasons for the non-renewal.
It also argued that the hospital's clinical officer-to-patient ratio falls below recommendations by the World Health Organization.
According to the union, outpatient services require one clinical officer for every 10,000 people, while inpatient care requires three clinical officers for every 50-bed facility.
The union said that, with a 650-bed capacity, the hospital operates as a Level 6 tertiary care facility but its staffing levels fall below those recommendations.
It further argued that repeated contract renewals and the continued need for the affected clinical officers created a legitimate expectation that their employment would not be terminated abruptly.
"The refusal to renew the contracts of the petitioner’s members without replacement is therefore arbitrary, unreasonable and generally in breach of Article 47 of the constitution."
The union also alleged that the hospital discriminated against clinical officers by converting other medical professionals to permanent and pensionable terms while ending the clinical officers' contracts.
“The petitioner is aware that the respondent intends to replace the clinical officers whose employment contracts are to be terminated,” it said.
The union asked the court to declare that constitutional violations had occurred, quash the non-renewal decisions, prohibit their implementation and compel the hospital to reinstate the affected clinical officers on permanent and pensionable terms comparable to those granted to other cadres.
It also sought compensation for loss of income and costs.
In its defence, the hospital said the decisions followed instructions approved by the Public Service Commission.
“The clinical officers who were employed were to serve Gatundu Level IV Hospital and were deployed to the respondent with clear letters, which they accepted. There were fixed-term contracts. Renewal was not meant to be automatic.”
Justice Monica Mbaru found that the union had failed to obtain the necessary authority from its members to institute the proceedings and had not obtained the required conciliation certificate before filing the case.
The judge ruled that, without a recognition agreement and a collective bargaining agreement, the union could not negotiate terms and conditions for its members, and the hospital remained entitled to issue fixed-term contracts.
The court upheld the validity of fixed-term contracts.
“In the view of the court, there is no obligation on the part of an employer to give reasons to an employee why a fixed-term contract of employment should not be renewed. To require an employer to give reasons why the contract should not be renewed, is the same thing as demanding from an employer to give reasons why, a potential employee should not be employed. The only reason that should be given is that the term has come to an end and no more.”
The court also ruled that the union's grievances could have been pursued through an ordinary memorandum of claim, making a constitutional petition unnecessary.
“Accordingly, the petition is hereby dismissed," the judge ruled.
