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Kenya Breweries Limited, East African Breweries Limited, Kenya Maltings Limited & East African Maltings Limited v. Symon Wairobi Gatuma

(2017) JELR 100127 (CA)

Court of Appeal  •  Civil Appeal 172 of 2013  •  14 Jul 2017  •  Kenya

Coram
Wanjiru Karanja, George Benedict Maina Kariuki, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from the Award of James Rika, J. in Industrial Court Cause No 1011 of 2010 filed by Symon Wairobi Gatuma (respondent) against Kenya Breweries Limited, East African Breweries Limited, Kenya Maltings Limited and East African Maltings Limited (1st, 2nd, 3rd and 4th appellants respectively).

Background

2. The respondent, vide a Memorandum of Claim dated 31st August, 2010 sought several reliefs against the appellants herein. It was the respondent’s case that he was employed by the 1st appellant as a machine technician on 29th October, 1986; that he was attached to the malting section in the engineering department; that he left employment on 30th June, 2009, after a service spanning twenty-two years; that the 2nd appellant is the parent company of the 3 other appellant companies which are subsidiaries of the parent company; that on 23rd April, 2003, the 1st and 2nd appellants de-linked their malting unit from the beer production company with the malti…

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