Lawrence Nduttu & 156 others v Kenya Breweries Ltd [2018] KEHC 8717 (KLR)
- Court
- High Court of Kenya
- Case number
- 8717
- Citation
- [2018] KEHC 8717 (KLR)
- Decided
- 24 January 2018
AI Summary
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TypeCivilPostureAppeal from the original trial outcomeCoramGAKUN, HADI, HARRY, HENRY, HENRY K. KARAN, ISAACK KARAN, JOHN KIBE WAN, JOHN KARAN, NICHOLAS KARAN, OWEN, PATRICK KIBUN, SAMWEL M. KARAN, VERONICA W. KAAN, WARIO
Holding
The court found that the plaintiffs were forced to take early retirement without being consulted or the participation of their union, and that there was subtle discrimination against the plaintiffs.
Facts
The plaintiffs, 157 former employees of Kenya Breweries Ltd, filed a representative suit against the defendant alleging wrongful early retirement, breach of constitutional rights, and withholding of terminal benefits.
Issues
- Whether the early retirement scheme was carried out in contravention of the constitution and contracts of employment.
- Whether the plaintiffs are entitled to a refund of withheld monies.
- Whether the plaintiffs are entitled to be paid their salaries until retirement.
- Whether the plaintiffs are entitled to general damages for loss of employment.
- Whether the terminal benefits claimed by the plaintiffs are properly computed.
Reasoning
The court evaluated the evidence and found that the plaintiffs were not consulted in the implementation of the early retirement scheme, which was initially voluntary but later forced. The court inferred subtle discrimination against the plaintiffs.
Outcome
The plaintiffs' claims were partially successful.
Orders
- A declaration that the defendant’s action to cause early retirement of the plaintiffs was unlawful and unfair.
- An order that the defendant should pay all the plaintiffs all the outstanding dues and salaries until their retirement age at sixty years.
- An order that the plaintiffs and each of them be paid all outstanding dues and other consequential entitlements pursuant to prayer (b) above.
Remedies
- Payment of outstanding dues and salaries until retirement age.
- Payment of outstanding dues and other consequential entitlements.
Authorities cited
Legislation (2)
- Constitution of Kenya 2010
- Labour and Employment Laws
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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