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Coastal Bottlers Limited v. Kimathi Mithika

(2018) JELR 103131 (CA)

Court of Appeal  •  Civil Appeal 21 of 2017  •  7 Jun 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. On 9th December, 2013 Coastal Bottlers Limited (the appellant), engaged Kimathi Mithika (the respondent), as a General Sales Manager on a 2 year contract. Upon completion of 6 months’ probation the respondent was confirmed on 9th July, 2014. It seems at that point the appellant was satisfied with the respondent’s performance as evidenced by the tone of the confirmation letter which read in part:-

“We take this opportunity to congratulate you for this well deserved confirmation and hope that you will continue to render your services to the organization with even greater devotion.”

2. However, a couple of months later, the respondent was served with a letter dated 4th November, 2014 under the hand of the appellant’s Executive Director, Sachit Shah terminating his services. The relevant excerpt of the said letter is set out herein below:

“RE: OPERATIONAL AND STRATEGIC RESTRUCTURING OF THE BUSINESS

As you are aware, the company’s performance over the last year (YTD) is…

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