Kenya Power has just been put on the spot by the Employment and Labour Relations Court for a stunt that many employers secretly love to pull. They kept Margaret Wanjiku Gichuki on three-month contracts for eight years. Yes, you read that right. Eight years of living like she was still on probation. That is not a contract, that is a situationship.

Justice James Rika called it out for what it was: exploitation. Three month contracts are meant for probationary terms, not for long-term employment. By keeping her on such terms for nearly a decade, Kenya Power denied her job security and locked her out of the benefits that come with being permanent and pensionable. 

The law is not silent on this. The Public Service Commission Act and its Regulations stipulates that contracts in the public service must run for at least twelve months and may go up to five years, not chopped into tiny three month slices served over and over like mandazi at a kiosk. Short rolling contracts are not recognised, and neither is the casualisation of core roles. Judge Rika was clear that such practices amount to unfair labour treatment and are a violation of workers’ rights.

Verdict: Kenya Power must pay Margaret 450,000 shillings in damages for violating her rights.

Now, dear employers, let us sip this tea together. If you are one of those who think it is smart to keep your staff on endless three-month contracts, know this: you are playing with fire. One day, your “temporary” staff will walk into court and suddenly that cheap trick will cost you real money.

The sip? Three-month contracts are not a forever plan. They are meant for testing the waters, not swimming the whole ocean.

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