Tuesday, October 6, 2026
Court Helicopter
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
  • News Feature
  • Opinion
No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
  • News Feature
  • Opinion
No Result
View All Result
Court Helicopter
Home Court Update

Court Upholds Three-Year Contract Appointment of Director of Employment, Dismisses Former Employee’s Appeal

Court of Appeal rules that former Director of Employment Samson Ogechi Nyaanga failed to prove he was appointed on permanent and pensionable terms.

Cyrus Sila Kimanga by Cyrus Sila Kimanga
June 22, 2026
in Court Update
0
High Court Declares Maraga Advisory on Parliament Dissolution Unconstitutional

Kevin Omondi Nyapietho has been sentenced to 35 years in prison for the murder of his aunt, Gaudencia Otieno Aoko, in Kisumu.

Share on FacebookShare on TwitterShare on WhatsApp

The Court of Appeal has dismissed an appeal by former Director of Employment Samson Ogechi Nyaanga, finding that he failed to prove that he was appointed by the Ministry of Labor and Social Protection on permanent and pensionable terms.

A bench comprising Justices Daniel Musinga, Mumbi Ngugi and G. V. Odunga upheld the decision of the Employment and Labour Relations Court, which had rejected Nyaanga’s claim that his employment terms were unlawfully altered from permanent and pensionable employment to a renewable three-year contract.

Related posts

Suspect Arrested Over Killing of Form Four Student in Molo

Suspect Arrested Over Killing of Form Four Student in Molo

October 6, 2026

Court Allows EACC KSh813 Million Recovery Case Against Wamatangi to Proceed

October 3, 2026

The dispute arose after the Public Service Commission and the Ministry informed Nyaanga that his appointment to the position of Director of Employment was for a three-year renewable term, contrary to his belief that he had secured permanent and pensionable employment. Nyaanga had argued that he was recruited in 2015 through a competitive process and appointed on permanent and pensionable terms. He relied on employment records, payroll documents and pay slips showing the term “permt”, as well as a retirement date indicated as March 13, 2026, claiming these demonstrated that he was serving under permanent terms.

He further argued that the government had unlawfully changed his employment terms without consultation or consent, violating his rights under employment law and constitutional protections on fair administrative action.

However, the Ministry and the Public Service Commission maintained that Nyaanga had always been appointed on a three-year renewable contract, and that the payroll classification reflecting permanent and pensionable status was an administrative error that was later corrected.

The respondents told the court that Nyaanga’s appointment documents did not expressly state that his position was permanent and pensionable. They added that he remained a permanent employee of the Kenya Agricultural and Livestock Research Organisation (KALRO), where he had been granted leave of absence while serving at the Ministry.

In its judgment, the Court of Appeal noted that the respondents had failed to clearly communicate the tenure of Nyaanga’s appointment at the time of recruitment, observing that employers are required to provide written employment particulars, including the duration of fixed-term contracts. The court, however, held that the failure to specify the tenure did not automatically mean that Nyaanga had been appointed permanently.

“Silence as to tenure does not, without more, amount to proof of permanent and pensionable appointment,” the judges ruled.

The appellate court found that while payroll records and payslips indicated permanent and pensionable status, they could not override official appointment documents that did not specify the nature of employment. The judges also dismissed Nyaanga’s argument that the payroll records created a legitimate expectation of permanent employment, stating that pay slips primarily serve as evidence of payment and payroll administration.

“Such expectation must rest upon a clear and unequivocal representation,” the court held.

The court further found that Nyaanga remained an employee of KALRO during his service at the Ministry because he had proceeded on leave of absence and there was no evidence that his pensionable service had been formally transferred.

On claims that the change in employment terms was driven by malice or linked to disciplinary proceedings, the judges ruled that Nyaanga failed to provide evidence proving improper motives.

“Allegations of malice must be established by evidence,” the court stated, adding that accusations of bias or bad faith cannot be sustained on assertions alone.

The Court also noted that although concerns could be raised over the delay in communicating the clarification of Nyaanga’s employment terms, he had pursued internal mechanisms through the Public Service Commission, which considered his complaints.

The court consequently dismissed the appeal and upheld the earlier decision rejecting Nyaanga’s claim.

Previous Post

CS Duale Summoned for Sentencing after being found guilty for Contempt of court

Next Post

Court Upholds Sh765,000 Award to Sacked Employee, Faults Company for Firing Him Without Hearing

Cyrus Sila Kimanga

Cyrus Sila Kimanga

Cyrus Kimanga is a Nairobi-based journalist and court reporter with a strong interest in legal affairs. He is passionate about telling impactful stories that promote transparency and accountability within Kenya’s justice system.

Next Post
Court Upholds Sh765,000 Award to Sacked Employee, Faults Company for Firing Him Without Hearing

Court Upholds Sh765,000 Award to Sacked Employee, Faults Company for Firing Him Without Hearing

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

BROWSE BY CATEGORIES

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Opinion
  • Photo-Story
  • World News

BROWSE BY TOPICS

#Safaricom #Sakaja Africa Creative Feature Human Rights IPOA Legal Today Maandamano Mathare News Populer sepulchral rights trend Video

POPULAR

Rose Mbithe, Children Rose and Chris Mulwa Accused of Plot to Poison Suspects in Dr Mutiso Murder Probe
Court Update

Rose Mbithe, Children Rose and Chris Mulwa Accused of Plot to Poison Suspects in Dr Mutiso Murder Probe

by CH Reporter
September 30, 2026
0

Rose Mbithe and her children Rose and Chris Mulwa have been accused of being part of a plan to eliminate...

Dr Mutiso Murder Suspect Turned State Witness to Be Put Under Witness Protection

Dr Mutiso Murder Suspect Turned State Witness to Be Put Under Witness Protection

October 1, 2026
Lumakanda OCS Charged Over Alleged Defilement of 14-Year-Old Girl

Lumakanda OCS Charged Over Alleged Defilement of 14-Year-Old Girl

September 30, 2026
15 Officers Back in Court Over 2022 Abduction of Two Indians, Taxi Driver

‘Innocent Blood Never Rests’: Magistrate Thuku’s Strongly Worded Ruling In Deferring Plea-Taking in SSU Abduction Case

October 1, 2026
Witness Recounts Tob Cohen’s Final Night at Entertainment Hotel

Witness Recounts Tob Cohen’s Final Night at Entertainment Hotel

September 30, 2026
Three Police Officers Arrested in Nairobi Counterfeit Currency and Fake Gold Probe

Three Police Officers Arrested in Nairobi Counterfeit Currency and Fake Gold Probe

October 2, 2026
Rose Mbithe & Her Two Children Among Five Suspects Charged With Murder of Dr. Mutiso 

Rose Mbithe & Her Two Children Among Five Suspects Charged With Murder of Dr. Mutiso 

September 29, 2026
Former Housekeeper Tells Court Tob Cohen Was a Heavy Drinker and Abusive

Former Housekeeper Tells Court Tob Cohen Was a Heavy Drinker and Abusive

September 29, 2026
Lumakanda Police Boss Denied Bail Over Alleged Defilement of 14-Year-Old

Lumakanda Police Boss Denied Bail Over Alleged Defilement of 14-Year-Old

October 2, 2026
Court Helicopter

Court and legal stories from around the country

Follow us on social media:

Recent News

  • Court Certifies as Urgent Case Seeking Information on Dangote Refinery Project
  • 79-Year-Old Man Sentenced to 10 Years for Indecent Act Against Autistic Child
  • Suspect Arrested Over Killing of Form Four Student in Molo

Category

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Opinion
  • Photo-Story
  • World News

Recent News

133 Lamu Residents Sue to Stop Land Takeover Ahead of Dangote Refinery Groundbreaking.

Court Certifies as Urgent Case Seeking Information on Dangote Refinery Project

October 6, 2026
Supreme Court Halts Sale of Sh11 Billion Cytonn Properties Pending Appeal

79-Year-Old Man Sentenced to 10 Years for Indecent Act Against Autistic Child

October 6, 2026

© 2026 Court Helicopter. All rights reserved.

imunify-bot-check
No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
  • News Feature
  • Opinion

© 2026 Court Helicopter. All rights reserved.