Court orders KCAA to reinstate, compensate ex-employee Sh2.2 million
KCAA was ordered to pay her Sh2,221,104, equivalent to six months' salary, as general damages for breach of constitutional and contractual rights.
The Employment and Labour Relations Court in Nairobi has ordered the Kenya Civil Aviation Authority (KCAA) to reinstate and compensate one of its former inspectors after finding the state corporation guilty of unfair labour practices.
Justice Mathews Nduma, in a judgment delivered on September 25, 2025, ruled that KCAA unlawfully and unreasonably failed to renew the contract of Vivian Nyakerario Ongwae, who had served the authority as a Flight Operations Inspector since 2016 under successive contracts.
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The dispute arose after Ongwae's contract expired on December 31, 2023.
Although she applied for renewal in September 2023, KCAA's Director General, Emile Arao, only notified her of the decision not to renew through a letter dated January 12, 2024, nearly two weeks after the contract had lapsed.
The judge faulted the delay, holding that while the Director General had discretion over renewal, that discretion had to be exercised reasonably and within a reasonable time. He said the late notification breached the contract terms and amounted to an unfair labour practice.
Justice Nduma further noted that KCAA's own Human Capital Advisory Committee had recommended the renewal of Ongwae's contract, but the Director General disregarded the recommendation without explanation.
"This decision violated the employee's right to legitimate expectation and to fair administrative action as provided under Articles 41 and 47 of the Constitution", the judge ruled.
The court quashed the KCAA's January 2024 decision and issued a mandatory injunction compelling the authority to renew Ongwae's contract for a fresh three-year term on terms similar to her previous employment.
In addition, KCAA was ordered to pay her Sh2,221,104, equivalent to six months' salary, as general damages for breach of constitutional and contractual rights. The award will attract interest until settlement, and the authority was directed to pay the costs of the case.
Justice Nduma said the ruling was a reminder that public bodies must exercise their powers fairly, reasonably, and in line with constitutional principles, even when dealing with contractual matters.
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