Article
When Does A Fixed-term Employment Relationship Become Permanent?
Kenya's Court of Appeal has clarified when successive short-term employment contracts cross the line into permanent employment, examining cases where workers performed essential duties for up to 20 years under rolling temporary arrangements. The ruling establishes that courts will look beyond contract expiry dates to assess whether the underlying work is genuinely temporary or permanent in substance, creating new compliance obligations for employers using fixed-term contracts.
Cliffe Dekker Hofmeyr