LAWRENCE NDUTTU & 6000 OTHERS
V.
KENYA BREWERIES LTD & ANOTHER

THE REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA

(Coram: P.K. Tunoi and S.C. Wanjala, SCJJ)

PETITION NO 3 OF 2012

LAWRENCE NDUTTU and 6000 OTHERS.............................APPELLANTS

-VERSUS-

KENYA BREWERIES LTD..............................................1^ST RESPONDENT

JOHN HARRISON KINYANJUI T/A J. HARRISON

KINYANJUI and CO. ADVOCATES................................2^ND RESPONDENT RULING

(1) The origins of this Appeal can be traced to High Court Civil Case Number 279 of 2003 (Lawrence Nduttu& Others versus Kenya Breweries Ltd.). In that case, which is still pending to date, the Plaintiffs (Applicants Herein) sought (and still do) a declaration and a number of orders against the Defendant (1^st Respondent Herein). More particularly, the Plaintiffs prayed for judgment against the Defendant in terms of:

(i) A declaration that the decision to cause their early retirement was unlawful and breached section 80 and 82 of the Constitution and was wrongful and a nullity.

(ii) An order that the defen…