Thee scope and application of the doctrine of legitimate expectation inrenewal of fixed-term contracts of employment in Kenya: A review of case law
by admin on | 2025-08-02 15:59:51 Last Updated by admin on 2025-08-27 00:07:09
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The doctrine of legitimate expectation is a fundamental principle of natural justice that has its roots in public law, specifically the administrative legal realm. It is founded on two core principles of the law: fairness and reasonableness. These principles come into play when an aggrieved party seeks the court’s intervention to compel a public body to keep a promise or maintain a longstanding practice. As emphasized by the Supreme Court of Kenya (SCK), the doctrine of legitimate expectation is essential in promoting consistency and certainty in public administration. S.A De Smith et al., similarly argue that the doctrine’s rationale lies in fostering certainty and predictability in the conduct of the state toward its citizens. The doctrine of legitimate expectation originated in the English courts and was particularly introduced by Lord Denning in Schmidt v. Secretary of State for Home Affairs [1969] 2 Ch 149. Since then, the doctrine has been widely adopted by the courts as part of common law, particularly as a remedy in judicial review cases. While traditionally applied in the public law realm, the doctrine has also found application by the Kenyan Employment and Labour Relations Court (ELRC), particularly in cases involving the non-renewal of fixed-term contracts of employment. In such cases, employees often invoke the doctrine against their employers following the non-renewal of fixed-term contracts of employment. This article begins by outlining the legal contexts in which legitimate expectations may arise, the applicable legal framework and the general threshold for advancing a claim based on legitimate expectation. This article thereafter narrows its focus to the application of legitimate expectation in employment claims, particularly renewal of fixed-term contracts of employment. In this regard, this article discusses how the Kenyan courts have interpreted and applied the doctrine of legitimate expectation in disputes relating to non-renewal of fixed term contracts of employment. Read more...
