JUDGMENT OF THE COURT
By a letter dated 18th August, 2014 the 1st appellant, Alliance for a Green Revolution in Africa (AGRA) offered employment to the respondent, Emine Ndihokubwayo, as its Program Officer. The 2nd appellant, Agnes Kalibata, was at the material time the 1st appellant’s President. The agreement provided that the period of employment of the respondent by the 1st appellant was 3 years and could be renewed subject to the respondent’s performance. The respondent served in that capacity which was later changed to “Policy and Advocacy Officer” but at the end of the 3 year period the 1st appellant issued a letter to the respondent dated 31st August, 2017 which in the material part stated that the respondent’s employment contract would not be renewed upon expiry of the same.
Non-renewal of the contract did not amuse the respondent. She therefore filed a Memorandum of Clam at the then Industrial Court of Kenya (that Court has since been renamed “Employment and Labour Relations C…