LAWRENCE NDUTU & 6000 OTHERS V. KENYA BREWERIES LIMITED & JOHN HARRISON KINYANJUI T/A J. HARRISON KINYANJUI & CO. ADVOCATES
(2012) JELR 104246 (CA)
Court of Appeal
•
Civil Application Nai. 291 of 2011 (Ur 192/2011)
•
20 Apr 2012
•
Kenya
Coram
Samuel Elikana Ondari Bosire, David Kenani Maraga, Wanjiru Karanja
Judgement
<p class="ql-align-center">RULING OF THE COURT</p><p class="ql-align-justify">The notice of motion dated 23<sup>rd</sup> December 2011was filed by the law firm of <em>O. P. Ngoge& Associates Advocates </em>on behalf of about six thousand former employees of Kenya Breweries Limited, the first respondent herein whose contracts of employment were terminated pursuant to the 1<sup>st</sup> respondent’s restructuring process.</p><p class="ql-align-justify">The said applicants are the plaintiffs in <em>Nairobi H.C.C.C No. 279 of 2000</em>. Due to their large number and the fact that there existed a community of interest in their suit, and also for purposes of expediency and practicability, the High court (Hon. Waweru J.) ordered that the matter proceeds as a representative suit under <em>Order 1 Rule 8</em> of the <em>Civil Procedure Rules</em>. Pursuant to that order, four plaintiffs were appointed to prosecute the suit on behalf of all the others. As at that time, all the plaintiffs were represented by the firm of <em>Ngoge& Associates Advocates</em>.</p><p class="ql-align-justify">Notice to all the interested parties was issued pursuant to <em>Order 1 Rule 8(2)</em>of the <em>Civil Proce…</em></p>