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SYMON WAIROBI GATUMA
V.
KENYA BREWERIES LTD & 3 ORS

(2024) JELR 112627 (SC)

Supreme Court 30 Aug 2024 Kenya
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- The appellant, originally employed by Kenya Breweries Ltd in 1986, was declared redundant in 2003 following a de-linking exercise and subsequently rehired by a related entity, Kenya Maltings Ltd, at a reduced salary and on new terms; in 2

Case Details

Suit Number:Petition E023 of 2023
Judges:PM Mwilu, DCJ & VP MK Ibrahim, SCJ SC Wanjala, SCJ NS Ndungu, SCJ W Ouko, SCJ
Counsel:Mr. Namada Simoni for the Appellant (Namada & Co. Advocates) Mr. James Okeyo for the 1st to 4th Respondent (Muthoga Gaturu & Co. Advocates)

JUDGMENT OF THE COURT 

A. INTRODUCTION 

[1] This appeal is premised on Article 163 (4) (b) of the Constitution, and was filed pursuant to the leave issued by the Court of Appeal by its ruling dated 9th June 2023 certifying the appeal as one involving a matter of general public importance. The Court of Appeal in singling out the issues for determination did not delineate the questions of law but highlighted that the main issues revolve around the unilateral reduction of salary yet retaining the basic tenets of employment and whether it is fair labour practice to change terms of employment especially as refers to remuneration while retaining basic tenets of said employment.

B. BACKGROUND

[2] The appellant was employed by the 1st respondent as an Artisan Grade F, attached to the engineering department in its malting unit, effective from 3rd November, 1986. On 23rd April 2003, he was informed that the 1st respondent had de-linked its malting operations from its beer business and subsequently,…

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