Report On The Petition Concerning The Failure By Kenya Breweries Limited, Kaplan & Stratton Advocate And Harrison Kinyanjui Advo

2OMA\ DE 5 E tr S E rj -ti , { F '1 ^f,{ t iJ !'_ !- : -_ aA 1I IHE ]lIG}l C()URI ()T IE}IYA AT IIAIR()BI crvil.(lst 1t0.279 0r 2003 DUTTU & OTHERS .....PLAt NTr FFS/ APPLICANTS DEFENDANT/ RESPONDENT VERSUS PA-RffiMENT CERTIFICATE OF URGENCY OF LI KENYA an Advocate of the Supreme Court of Kenya and of this Honorable Court, and with instructions from the 125 Plaintiffs/Applicants herein, do hereby certiry that the Notice of Motion dated 17th May, 2OZS annexed herewith is extremely urgent and ought to be heard at the earliest instance, on the grounds that:- 1. This matter is due for Hearing on an application by some Plaintiffs on 22nd May 2025 hence it is imperative that the instant Motion be hearing contemporaneously with the said Motion. 2. The Applicants seek the Leave of the Court to be granted to them to execute the balance of the unremitted dues of the fudgement of the Court against the Defendant pursuant to Order 22 Rules 18 and 19 ofthe Civil Procedure Rules as the fudgement of the Court was entered on24th fanuary, 2018. 3. In the result the Applicants seek that the Defendant herein be compelled to forthwith remit to the 125 Applicants/Plaintiffs the sums awarded to them under Paragraph 18 and as stated in paragraph 20 ofthe fudgement ofthe Court herein entered on 24th January, 2018, as the dues under Eilglaph-l-4 have been remitted. 4. The Defendant should forthwith remit the additional unremitted interest of 2 months for December 2027 and lanuary 2022 that was not so remitted, as the o l$rr'M ,1 LT' e.r O c-J >- = a C! (i z> o5 rd KENYA BREWERIES LTD t & T CERTIFIcATE oF ;S { 2325 @ t^)Aa e rPLobw AT T N 1/ G r",*. \t+<->.-. t-q,--, fs.^+) ,J < lu, k(( ( r .r.-- -4 NCY

computation of the said interest was till November, 2027, on the Ksh. 9,405,541/= already remitted to the Applicants under Paragraph 14 of the Judgement of the Court herein dated 24th fanuary, 2018 and as stated in paragraph 20 thereof. 5. The costs of the suit herein less the sum of Ksh. 1,000,000/= already remitted be forthwith paid by the Defendant equally remains outstanding. 6. Order 22 Rule 18 and 19 of the Civil Procedure Rules accord this Honourable court jurisdiction to intervene where the Decree/Judgement sought to be executed is over one year old as in this instance. 7 . Leave of the Court is mandated as indeed has been sought herein in terms of prayer 2, however where another application for execution has been made within the past year against the parry whom execution is applied for such as the Motion dated 1't October 2024 by M/S Namada & Associates, and an order of execution had been made against such person, then notice to show cause would not be necessary. 8. In furtherance of the doctrine of "dominus lifis" the Applicants seek to bring this matter to a final conclusion by securing the enforcement of the entire terms of the f udgement of the Court herein entered on by the Hon. Mr. f ustice Sergon on 24th fanuary,2018. 9. The Consent Letter dated 11th January, 2022 between the Applicants' Advocates and the Defendants Advocates was ONLY in reference to the dues awarded to the Applicants in the cited Judgement as per paragraph 14 thereof. 10.At any rate, the Consent Letter dated Llth January 2022 cited above beBveen the Applicants'Advocates and the Defendants'Advocates was never adopted as an Order of the Court at any given time to date. 2 CERTIFIcATE oF URGENCY

11. In any event, the said Consent Letter dated 1lth f anuary, 2022 was never about the Applicants ceding ANY aspect of the rest of the awards due to them under the said fudgement dated 24th fanuary, 2018 as explicated in paragraph 18 thereof and confirmed in paragraph 20 ofthe said Judgement sought to be executed. 12. Indeed at NO time have the Applicants ever consented to waive, surrender, or give up the dues awarded to them under paragraph L8 ofthe fudgement herein sought to be fully enforced. 13. It is trite that any Consent Letter cannot be enforceable as an Order of the Court binding on any party in Iitigation unless and until the said Consent Letter is adopted as an Order of the Court and extracted as such for execution. No such regularization was ever made. 14. Indeed, in a decision binding on this Honourable Court under Article 163(7) of the Constitution of Kenya on the exact same issue, the Supreme Court of Kenya rendered itself on this issue in the case of Geoflrey Asanvo & Others vs. The Attornelt General [2018]eKLR where it was held:- "Adoption of a consent by a Court is o process, in the course of which a Court dischqrges the duty of evaluating the claritlt of the consent placed before it by parties, and giving directions on the manner of adoption. This circumvents the risk of an unlawful Order, and validates the mode of adoption and compliqnce. Thus. a consent bv oarties becomes an Order of the Court onbt once it has been formall.v adopted b.v the CourL It is only from that stage, that the Court becomes functus officio." [emphasis added] 15. To date the Applicants have never been served with any such adopted Order of the Court adopting the cited Consent Letter because there is NONE, by reason ofwhich the Defendant is estopped in law and in fact from unlawfully withholding the 3 CERTIFICATE oF URGENcY

Applicants' due under paragraph 18 of the fudgement 24th lanuary, 2018of this Honourable Court, and as affirmed in paragraph 20 thereof. lT.Accordingly, the unremitted interest of 2 months interest is lawfully due to the applicants, and ought to be forthwith released to the Applicants by the Defendant. 18. There is NO Consent Order by and between the Applicants and the Defendant to stay execution or close the proceedings without remittance of the final dues as ordered by the Court. 19. The Defendant has no stay of execution Order of the )udgement of the Court either from this Court or the Court of Appeal in spite of filing a Notice of Appeal on 6th February, 2018 against the f udgement of the Court herein made. 20.7 years down the line, NO step has been taken by the Defendant to prosecute its nonexistent Appeal. Hence there is NO justification for the Defendant to withhold the Applicants'dues any longer. 22.Earlier, on 26th November, 2024 the Court of Appeal had directed that the said Appeal [on account ofthe subject matter raised] ought to have been fast tracked. 4 CERTIFIcATE oF URGENCY 1.6. The additional sum of 2 months interest ought to be remitted, as the computation of, the said interest was till November, 2027, on the Ksh. 9,405,547/= already remitted to the Applicants under Paragraph 14 of the fudgement is now unlawfully retained by the Defendant out of the initial first payment made to them. 21. Some of the disaffected Plaintiffs through the law firm of Manwa & Co. Advocates sought to appeal against the decision of the Hon. Ongeri to close this matter with finaliry and the Nairobi Court of Appeal Civil Appeal No. E069 of 2024 (AIWRENCE NDUTU & 756 OTHERS vs KENYA BREWERIES LTD) was concluded on upon being withdrawn on 3RD March, 2025.

24. Litigation must come to an end hence the need to bring this old standing matter to a final conclusion, and the Applicants are entitled to enjoy the fruits of their judgement herein issued. DATED AT N I. ADVOCATE FOR THE STATED PLAINTIFFS/APPLICANT AIROBI THIS 17rH DAy OF MAY, 2025 .. / , i , /;'1,.| ),r,t".,.,1r i I :ltlv 'i7r'---_ HARRISON KINYANIUI CER.IIFI CATE oF URGENCY $s 23. This is what had delayed the Mention to conclude the Matter contemplated in paragraph 18 of the judgement of Hon. Sergon dated 24th January, 2018. 25. The Defendant has been unlawfully withholding the Applicants' dues as stated in paragraphs 18 and 20 of the fudgement of the Court alleging that the Applicants have no further Claim on the fudgement alleging that the Applicants executed Discharge Vouchers in furtherance of the Consent Letter alluded to in paragraphs 4, 4,6,7, and 8 above, yet the said Discharge Vouchers related ONLY to the dues released under Paragraph 14 of the Judgement of 24th January 2018 in the suit and N0T the entire Claim as decreed. 26.The Defendant cannot be permitted to benefit from the Applicants' dues any longer as it is earning interest thereon since fanuary 2018 to date, which action is oppressive to the Applicants, thus entitling the Court to intervene urgently. DRAWN & FILED BY: I.HARRISON KINYAN|UI & CO. ADVOCATES ST. ELLIS HOUSE,4TH FLOOR, SUITE 416 WABERA STREET P.O. BOX 70024 GPO NAIROBI Tel: 0777 -733659; E mail: g, ea i-lt.,t ;'ri :; r I tr (iri,;,r it o ( ). {lo iit I

Ef6{o m R It{ THT I{IGH clYil. TPU c0 cAs BUC OT ffiilYA URT OT IEilYA AT IIAIR()BI E il0.279 0r 2003 LAWRENCE NDUTTU & OTHERS PLAINTIFFS/ APPLICANTS VERSUS KENYA BREWERIES LTD ...... ...DEFENDANT/ RESPONDENT NOTICE OF MOTION (UNDER SECTTON t, tA,3, & 3A OF THE CTVIL PROCEDURE ACT & UNDER ORDER 22, RULE 18 & I9 & ORDER 5I, RULE I OF THE CIVIL PROCEDURE RULES & THE INHERENT PO ER OF THE COURT) TAKE NOTICE that this Honourable Court shall be moved on the 22ND day of May 2025 at 9.00 a.m. or as may otherwise be directed, on the hearing of this Notice of Motion at the instance of the 125 Plaintiffs/Applicant for ORDERS THAT: 1. This Motion be certified as urgent and be heard ex parte in the first instance and service thereof on the Respondents be dispensed with in the first instance owing to its extreme urgency. 2. Leave of the Court be granted to execute the fudgement of the Court against the Defendant pursuantto Order 22 Rules 18 and 19 ofthe Civil Procedure Rules as the f udgement of the Court was entered on24th fanuary, 2018. 6 NoTIcE oF MoTIoN

3. The Defendant herein be compelled to forthwith remit to the 125 Applicants/Plaintiffs the sums awarded to them under Paragraph 18 and as stated in paragraph 20 of the fudgement of the Court herein entered on24th fanuary, 2018. 4. The Defendant herein do forthwith remit the additional interest of 2 months for December 2021 and January 2022 accruing to date that was not remitted, as the computation of the said interest was till November, 2021, on the Ksh. 9,405,541/= already remitted to the Applicants under Paragraph 14 of the fudgement of the Court and as stated in paragraph 20 thereofherein dated 24th January,2078. 5. The costs of the suit herein less the sum of Ksh. 1,000,000/= already remitted be forthwith paid by the Defendant. A. Iurisdiction to intervene 1. Order 22 Rule 18 and 19 of the Civil Procedure Rules accord this Honourable court jurisdiction to intervene where the Decree/fudgement sought to be executed is over one year old as in this instance 2. Leave ofthe Court is mandated as indeed has been sought herein in terms ofprayer 2, however where another application for execution has been made within the past year against the party whom execution is applied for such as the Motion dated 1.t October 2024 by M/S Namada & Associates, and an order of execution had been made against such person, then notice to show cause would not be necessary. NoTIcE oF MoTIoN 7 2 6. The costs ofthis Motion be borne by the Defendant/Respondent in any event. THIS NOTICE OF MOTION IS BASED ON THE UNDERLISTED GROUNDS AND ON THE ANNEXED AFFIDAVIT OF GEORGE NrlGU, AND ON SUCH ORAL OR WRTTTEN EXPOS|TIONS THEREON AS SHALL BE PROFFERED AT THE HEARING HEREOF

4. The Consent Letter dated L1th lanuary, 2022 between the Applicants' Advocates and the Defendants Advocates was ONLY in reference to the dues awarded to the Applicants in the cited f udgement as per paragraph 14 thereof. 5. At any rate, the Consent Letter dated 11th January 2022 cited above between the Applicants' Advocates and the Defendants'Advocates was never adopted as an Order of the Court at any given time to date. 6. In any event, the said Consent Letter dated 11th January, 2022 was never about the Applicants ceding ANY aspect of the rest of the awards due to them under the said ludgement dated 24th ]anuary, 2018 as explicated in paragraph L8 thereof and confirmed in paragraph 20 ofthe said fudgement sought to be executed. 7. Indeed at NO time have the Applicants ever consented to waive, surrender, or give up the dues awarded to them under paragraph 1.8 ofthe fudgement herein sought to be fully enforced. 8. It is trite that any Consent Letter cannot be enforceable as an Order of the Court binding on any party in litigation unless and until the said Consent Letter is adopted as an Order ofthe Court and extracted as such for execution. No such regularization was ever made. 9. Indeed, in a decision binding on this Honourable Court under Article 163(7) of the Constitution of Kenya on the exact same issue, the Supreme Court of Kenya rendered itself on this issue in the case of Geolfrey Asanyo & Others vs. The Attorney General [2018]eKLR where it was held:- I NOTICE OF MOTION B. Merits of instant Motion 3. In furtherance of the doctrine of "dominus lifis" the Applicants seek to bring this matter to a final conclusion by securing the enforcement of the entire terms of the Judgement of the Court herein entered on by the Hon. Mr. fustice Sergon on 24th January,2018.

"Adoption of a consent by a Court is a process, in the course of which a Court discharges the duty of evaluating the clarity of the consent placed before it by parties, and giving directions on the manner of adoption. This circumvents the risk of an unlawful Order, and validates the mode of adoption and compliance. Thus. a consent bv narties becomes an Order nf tho fnttrt nnltt nttoo it hac hoo fnrtnnllv ndnntod ht lh e u It is only rt from that stage, that the Court becomes functus officio." [emphasis added] 10. To date the Applicants have never been served with any such adopted Order of the Court adopting the cited Consent Letter because there is NONE, by reason of which the Defendant is estopped in law and in fact from unlawfully withholding the Applicants' due under paragraph 18 of the fudgement 24th fanuary, 2018of this Honourable Court, and as affirmed in paragraph 20 thereof. 11. An additional interest of 2 months for December 2027 and January 2022 was not remitted, as the computation was till November,2027, on Ksh. 9,405,541/= of the initial first payment made by the Defendant on 21't fanuary, 2022 pursuant to the terms of paragraph 14 of the fudgement herein made on 24th fanuary,2078. 12. Accordingly, the interest of 2 months for December 2021 and January 2022 is lawfully due to the Applicants, and ought to be forthwith released to the Applicants by the Defendants. 13. In the case of :.' [2014] eKLR where the court held that: - "A consent becomes a judgment or order of the court once qdopted as such. Once consent is adopted by the court, it qutomqticqlly changes character and becomes a consent judgment or order with contractual effect and can only be set aside on grounds which would justify setting aside, or if certain conditions remain unfulfilled, whtch are not carried ouL" [emphasis added] I NoTIcE oF MoTIoN

14. There is NO Consent Order by and between the Applicants and the Defendants to stay execution or close the proceedings without remittance of the final dues as ordered by the Court. 15. The Defendant has no stay of execution Order of the Judgement of the Court either from this Court or the Court of Appeal in spite of filing a Notice of Appeal on 6th February, 2018 against the f udgement of the Court herein made. 16. 7 years down the line NO step has been taken by the Defendants to prosecute its non existent Appeal. Hence there is NO justification for the Defendant to withhold the Applicants' dues any longer. 17. Some of the disaffected Plaintiffs through the law firm of Manwa & Co. Advocates sought to appeal against the decision of the Hon. Ongeri to close this matter with finality and the Nqirobi Court of Appeal Civil Appeol No. E069 of 2024 (LAWRENCE NDUTU & 156 OTHERS vs KENYA BREWERIES LTD) was concluded on upon being withdrawn on 3RD March,2O25. 18. Earlier, on 26th Novemben 2024 the Court of Appeal had directed that the said Appeal (on account ofthe subject matter raised) ought to have been fast tracked. 20. Litigation must come to an end hence the need to bring this old standing matter to a final conclusion, and the Applicants are entitled to enioy the fruits of their judgement herein issued. 27.The Defendant has been unlawfully withholding the Applicants' dues as stated in paragraphs 18 and 20 of the fudgement of the Court alleging that the Applicants have no further Claim on the )udgement alleging that the Applicants executed 10 NOTICE OF MOTION 19. This is what had delayed the Mention to conclude the Matter contemplated in paragraph 18 ofthe judgement ofHon. Sergon dated 24th fanuary, 2018.

Discharge Vouchers in furtherance ofthe Consent Letter alluded to in paragraphs 4, 4, 6, 7, and 8 above, yet the said Discharge Vouchers related ONLY to the dues released under Paragraph 14 of the |udgement of 24th January 2018 in the suit and NOT the entire Claim as decreed. 22.The Defendant cannot be permitted to benefit from the Applicants' dues any longer as it is earning interest thereon since fanuary 2018 to date, which action is oppressive to the Applicants, thus entitling the Court to intervene urgently. 23. It is untenable to continue having this matter lying unconcluded and keep the Applicants from the receipt of their lawfully awarded dues as per the lawful f udgement of the Hon. Mr. Justice Sergon dated 24th fanuary, 2018. DATED AT NAIR B THIS 17TH DAY OF MAY,2O2S t U ADVOCATES OF T E I25 PLAINTIFFS/APPLICANTS DRAWN & FILED BY I.HARRISON KINYANIUI & CO. ADVOCATES ST. ELLIS HOUSE,4TH FLOOR, SUITE 416 WABERA STREET P.O. BOX 1.0024 GPO NAIROBI Tel:0777-733659; Email: !, :',,i1 "i , ) ':, TO BE SERVED UPON O-IweI & MANWA ASSoCIATES ADVoCATES, MTRAGE TowERS, TOWER 1 GROUND FLooR, REF: OM,/M /COMM/2\9/2021 PRAcrtcE No. : LSK/2023/ 1 1209 Email rna nwa(Oo twa lmanwala w.co.lce PHoNE No :( +254)7C3 9A7006 il, NoTIcE oF MoTIoN lf II

Il1 Ii KAPLAN & STRATToN ADVoCATES WILLIAMSoN HoUSE, gTH FLooR 4TH NGoNG AVENUE P.O. Box 40111001OO, NAIROBI @MG/KE/ 1O/ 152) EMArL: ks@kapstrat.cortr NAMADA & COMPANY ADVoCATES WOoDLANDS BUSINESS PARK,4TH FLOoR KIAMBERE ROAD UPPERHILL P.O Box 72AA1.o0200 NAIROBI EMAt L: larv(rt)nanradaadvocates.cour }l.B. lf the Respondents do not attend within the time and at the place herein above mentioned, the Court may make such orden and take proceedings u may be just and erpedient. [. NoTIcE oF M oTIoN 11

af1+ ffi RTPUBTIC ()I ffi]IYA Iil THT ll|Gl{ C()URT OI IGIIYA AT IIAIR()BI crvil_ cAsE il0.279 0t 2003 LAWRENCE NDUTTU & OTHERS PLAINTIFFS/ APPLICANTS VERSUS KENYA BREWERIES LTD DEFENDANT/ RESPONDENT SUPPORTING AFFIDAVIT I, GEORGE NIIGU a citizen of the Republic of Kenya and an adult of sound mind of Cell phone contact0727-366266 and resident within Kiambu County do male oath an state as follows:- 1. I am a former Employee of the Defendant, under COY Number l9l7 as stated in page 40 of the Judgement I have annexed in paragraph 2 below. This is not disputed. I make this deposition as one of the Plaintiffs listed as litigating herein for justice under the law firm of M/S.L HARRISON KINYANIUI & CO. ADVOCATES in the f udgement of the Court herein made on 24th f anuary, 2018 subject of this Motion. 2. My co-Applicants and I seek that we be granted leave of the Court be granted to execute the fudgement of the Court against the Defendant pursuant to what our Advocates on record have informed me are the provisions of Order 22 Rules 18 and 19 of the Civil Procedure Rules since the Judgement of the Court was entered on 24th January 2018. I now annex hereto and marked as exhibit "GN 7" a copy of the said Judgement. 3. I also seek that the Defendant herein be compelled to forthwith remit to the 125 Applicants/Plaintiffs the sums awarded to us under Paragraph 18 and as stated in SUPPoRTING AFFIoAvIT 13

paragraph 20 of the Judgement of the Court herein entered on24th |anuary,2018 that I have produced in the foregoing paragraph with the necessary highlights. 4. Further, I seek that the Defendant herein do forthwith remit the additional interest of 2 months for December 2021 and fanuary 2022 that was not remitted, as the computation was till November, 202L, on Ksh. 9,405,54L/= of the initial first payment made to us by the Defendant on 21't fanuary, 2022 pursuant to the terms of paragraph 14 of the fudgement. 5. I also seek that the costs of the suit herein less the sum of Ksh. 1,000,000/= already remitted be forthwith paid by the Defendant. 6. Since the lodging of this Motion costs us an expense, I urge the Court to order that the costs ofthis Motion be borne by the Defendant/Respondent in any event. 7. Mr. Harrison Kinyanjui Advocate has informed me that although the leave of the Court is mandated as indeed has been sought herein in terms of prayer 2 of the annexed Motion, however where another application for execution has been made within the past year against the party whom execution is applied for such as the Motion dated 1.t October 2024 by M/S Namada & Associates, and an order of execution had been made against such person, then notice to show cause would not be necessary. 9. In my hearing, I recall that the hon. Mr. f ustice Sifuna did order that the said application be heard on 1Sth May,2025 whereupon it was adjourned and the Order of the Court was to be posted on the CTS system. SUPPoRTING AFFIDAVIT 14 8. I am aware that this matter was in Court on l?th May,2025 on the hearing of the said Motion dated L't October, 2024before the Hon. Mr. fustice Prof. Sifuna and I was logged online when I heard Mr. Harrison Kinyanjui Advocate inform the Court that the outstanding dues to us as herein sought have not been released and it is imperative that the matter be heard expeditiously.

L0. On l.Sth May,2025 I equally logged online on Hon. fustice Sifuna's Court link and once more when this matter was called out for the heating of the Motion dated 1st October, 2024 by Mr. Namada Advocate, neither the said Mr. Namada Advocate nor the legal representatives ofthe Defendant showed up. 11. I then heard Mr. Harrison Kinyanjui Advocate address the Court on our behalf indicating that the matter was due for the execution of the remaining aspects of paragraph 18 as read with paragraph 20 of the fudgement of the Hon. Sifuna dated 24th f anuary, 2018, and hence the matter was still unresolved. 12. I heard the Hon. Prof. Judge Sifuna then state that the matter was old and it was a shame that it was still pending unconcluded in Court and hence he would allocate the earliest hearing date thereon, which was 22nd May, 2025. He directed our Advocate Mr. Harrison Kinyanjui Advocate to serve a Hearing Notice on the Respondents. 13. Mr. Harrison Kinyanjui Advocate then telephoned me on 15th May,2025 and updated me on this and advised me further that he had notified Mr. Lawrence Nduttu who was u navailab le. 14. However, I am aware that the Hearing Notice was served on the Respondents as ordered by the Court, and Mr. Harrison Kinyanjui has shown me a copy thereof which I produce hereto and marked as exhibit "GN 2" a copy of the said Hearing Notice. 15. I state that by the instant Motion , the Applicants seel< to bring this matter to a final conclusion by securing the enforcement of the entire terms of the fudgement of the Court herein entered on by the l-lon. Mr. f ustice Sergon on 24th fanuary, 2018. 16. I note that the Consent Letler datecl 11th )anuary,2022 hr:tween our Arlvot'ates or': record and the Defendants Advocates M/S Kaplan & Stratton that has been repeatedly ,r,lii,,l,,,; i-.l r il:,-.:), lr—tirl.ilri ir.;'r;il i-i.::i.:,til i'c'iliLi,rirr.'<: oi'(rui'ouistanding dues was ONLY ln rcfercuce to the dues awarded to the Applicants in the cited Judgement as per SUPPoRTING AFFIDAV!] 15'

paragraph 14 thereof. I now annex hereto and marked as exhibit "GN 3" a copy ofthe said Consent Letter 77.Mr. Harrison Kinyanjui Advocate has reiterated to my co-Applicants and I repeatedly that the Consent Letter dated 11th January 2022which I have cited above between our Advocates on record and the Defendants'Advocates was never adopted as an Order of the Court at any given time to date. 18. I verily believe that this goes to the regularity and legality of the Defendant's false assertions that we closed the issue of FULL remittance of ALL our dues, which the Defendant has grossly misapprehended (with respect. 19.l aver that in any event, the said Consent Letter dated 11th January, 2022 was never about my co-Applicants and I ever ceding ANY aspect of the rest of the awards due to us under the said fudgement dated 24th lanuary, 2078 as explicated in paragraph 18 thereofand confirmed in paragraph 20 ofthe said |udgement sought to be executed. 20. Indeed at NO time have my co-Applicants and I ever consented to waive, surrender, or give up the dues awarded to us under paragraph 18 ofthe fudgement herein sought to be fully enforced. 21.Our Advocates on record have informed us that it is trite that any Consent Letter cannot be enforceable as an Order ofthe Court binding on any party in litigation unless and until the said Consent Letter is adopted as an Order of the Court and extracted as such for execution. 22.1 state that as far as I am aware, and being fully alerted on the Court proceedings by our Advocate on record, NO such regularization was ever made, and hence the Defendant cannot assert any such non-existent consent ORDER. NONE exists. 23. Indeed, Mr. Harrison Kinyanjui Advocate has stated to my co-Applicant sand I that in a decision binding on this Honourable Court under Article 163(7) of the Constitution of SUPPoRTING AFFIoAvIT 16' I

Kenya on the exact same issue, the Supreme Court of Kenya rendered itself on this issue in the case of Geoffrey Asanlto & Others vs. The Attornqt General [2078]eKLR where it was held that a consent by parties becomes an Order of the Court only once it has been formally adopted by the Court. 24. It is only from that stage, that the Court becomes functus officio. Such is not the case in our fudgement. 25. As I have averred above, to date my co-Applicants and I have never been served with any such adopted Order of the Court adopting the cited Consent Letter dated 11tlt fanuary 2022because there is NONE, by reason of which the Defendant is estopped in law and in fact from unlawfully withholding our due already declared in our favour under paragraph 18 ofthe Judgement 24th fanuary,2018 ofthis Honourable Court, and as affirmed in paragraph 20 thereof. 26. I state that in fact an additional interest of 2 months for December 2027 and fanuary 2022 was not remitted, as the computation was till November, 2021, on Ksh. 9,405,54L/= of the initial first payment made to us by the Defendant on 2Lst lanuary, 2022 pursuant to the terms of paragraph 14 of the fudgement of the Court herein made on 24th lanuary,2018.l now annex hereto and marked as exhibit "GN 4" a copy of the said Bank remittance of the sums ordered in paragraph 14 ONLY of the fudgement ofthis Court and interest thereon. 27. Accordingly, I am convinced beyond peradventure that the said unremitted interest of 2 months I have stated above is lawfully due to we, the applicants, and ought to be forthwith released to the Applicants by the Defendant. 28. So far as I am aware, there is NO Consent Order by and between the Applicants and the Defendants to stay execution of the outstanding aspects of the fudgement of this Court, or to close the proceedings without remittance ofthe final dues as ordered by the Court in paragraphs 18 and 20 thereof. SUPPoRTING AFFIDAVIT 17'

29. I state that indeed, the Defendant has no stay of execution Order of the |udgement of the Court either from this Court or the Court ofAppeal to date, in spite offiling a Notice of Appeal on 6th February,2018 against the fudgement of the Court herein made. I now annex hereto and marked as exhibit "GN 5" a copy of the said Notice of Appeal by the Defendant. 30. I state that with much regret,T years down the line NO step has been taken by the Defendant to prosecute its non-existent Appeal in spite of filing the said Notice of Appeal. Hence I am persuaded that there is NO justification for the Defendant to withhold the Applicants'dues any Ionger sought in the annexed Motion. 31. I am aware that some of the disaffected Plaintiffs through the law firm of Manwa & Co. Advocates sought to appeal against the decision of the Hon. Ongeri to close this matter with finaliry and the Nairobi Court of Appeal Civil Appeal No. 8069 of 2024 (LAWRENCE NDUTU & 756 OTHERS vs KENYA BREWERIES LTD) was concluded on upon being withdrawn on 3RD March, 2OZ5.l now annex hereto and marked as exhibit "GN 6" a copy ofthe said Order ofthe Court ofAppeal. 32.1am also aware that earlier, on 266 November, 2024 the same Court of Appeal in the same Appeal had directed that the said Appeal (on account of the sensitive subject matter raisedJ ought to have been fast tracked. I now annex hereto and marked as exhibit "GN 7" a copy of the said Order. 33. I state that this pending Appeal is what had delayed the Mention to conclude the Matter contemplated in paragraph 18 of the judgement of Hon. Sergon dated 24tt fanuary, 2018. 34. I verily believe that litigation must come to an end hence the need to bring this old standing matter to a final conclusion, and the Applicants are entitled to enjoy the fruits of their judgement herein issued. SUPPORTING AFFIDAvIT 1B'

35. I am grieved by the fact that the Defendant has been unlawfully withholding the Applicants' dues as stated in paragraphs 18 and 20 of the fudgement of the Court alleging that my co-Applicants have no further Claim on the fudgement while alleging that we executed Discharge Vouchers in furtherance ofthe Consent Letter which I have alluded to above, yet the said Discharge Vouchers related ONLY to the dues released under Paragraph 14 of the Judgement of 24th January 2018 in the suit and NOT the entire Claim as decreed. 36. Indeed, my co-Applicants and I were fully explained to by Mr. Harrison Kinyanjui that the sums which were remitted to us as per the exhibit I have produced above marked "GN 4" related ONLY to the dues under paragraph 14 of the Judgement of Hon. Sergon and if it was meant to cover the entire dues, then he could have consented clearly to paragraph 18 and 20 of the f udgement which he did NOT. 37. I verily believe that the Defendant is trying to evade paying us our lawful dues under paragraph 18 and 20 of the Judgement of the Court, in so alleging, which is totally misleading and twisting the clear reading of the said Consent Letter dated 11th fanuary, 2022. 38. I am persuaded that the Defendant cannot be permitted to benefit from our dues any longer, as it is clearly earning interest thereon since fanuary 2018 to date, which action is oppressive to us, thus entitling the Court to intervene urgently. 39. I verily believe that it is untenable to continue having this matter lying unconcluded and keep the Applicants from the receipt of their lawfully awarded dues as per the lawful f udgement of the Hon. Mr. lustice Sergon dated 24th |anuary, 2018. 40. I am aware that a Complaint was lodged before the Advocates Complaints Commission against Mr. Harrison Kinyanjui Advocate and Kaplan & Stratton Advocates by my colleagues and I protesting at the non remittance of the balance of our dues but I have since had the clarification that in fact Mr. Harrison Kinyanjui has NOT been guilty of any 19 SUPPORTING AFFIDAVIT

delay in releasing our dues under paragraph 18 as read with paragraph 20 of the judgement ofJustice Sergon because the Defendant has N0T released the said monies to Mr. Harrison Kinyanjui Advocate for onward transmission to us. 41. Contrary to the allegations made by Kenya Breweries Advocates before the Complains Commission in answer that Mr. Harrison Kinyanjui misled us to sign a Consent letter and therefore we cannot claim anything, it is NOT true that we ever signed anything giving up the balance ofour dues under paragraph 18 and 20 ofthe Iudgement herein. 42.As I have indicated above, the Consent letter related 0NLY to paragraph 14 of the f udgement and not our entire settlement which is now the subject of this application. 43. In the foregoing circumstances I humbly pray that the Orders herein sought will be granted in the interests of Justice and to bring this long standing matter to a closure. 44. What is deposed to herein above is true and within my personal knowledge, save what is based on information and belief the bases of which I have duly indicated. SWORN BY THE SAID GEORGE NJIGU AT NAIROBI THIS 17rH DAy OF MAy, 2025 BEFORE iviE '\ ',jf\r\1-:r:rrj OM IONER FO DRAWN & FILED BY: J.HARRISON KINYANIUI & CO. ADVOCATES ST. ELLIS HOUSE, 4TH FLOOR, SUITE 416 WABERA STREET P.O. BOX 1.0024 GPO NAIROBI Tel: 0777 -733659; Email: SUPPoRTING AFFIDAVIT 20 8 F) .:ti /

I \ \ I I \\ll()\\l ( ()t \( lr l()lit \l\ NIr{)Nlt\(, /l , \ I Civil Case 279 of 2003 Goosle Clllstort Sqatclr Advauced Search Lawrcnce Nduttu & I 56 others v Kenya Breweries Ltd [201 8] eKLR tIKENYA - ,i -rlrlr lr'.' r!r.1.'' ,. {,,' r'.r '1.,L?AI/ rl w t r [,t'>l4t REPUBL]C OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI crvrL cAsE No. 279 0F 2003 LAWRENCE NDUTTU & 155 OTHERS -VERSUS- KENYA BREWERIES tTD DEFENDANT JUDGEMENT a) A declorotion thot decision to couse their early retirement was unlowful ond breoched Section 8O ond 82 ol the Constitution and wos wrongful ond o nullity. 'i :/ ':'i1//t1 1 )i 21', .F-'S.?, I ** KENYA i : :( r".'i Download: PDI' DOC DOC){ PDF With Vleiadata [)ocx lVith Metadata ){Vil- Show Metadata r\! ir6li .PLAINTIFFS 1) The plaintiffs, numbering 157 filed this representative suit on their behalf and on behalf of former employees of Kenya Breweries Ltd, the defendant herein, whose terms and conditions of employment were governed by a memorandum of agreement dated 5th December L997 and 29th July 1999 and whose contract of employment were affected by the defendant's re- engineering process which began in 1994. The aforesaid action is by way of the Further Amended plaint dated 2/12/201,5 where the plaintiffs sought for judgement as follows:

b) A declorotion thot the defendont's oction to couse eorly retirement of the plointiffs wqs unlowful ond unfoir ond amounted to breoch of the plointiffs, contracts of employment. c) A declarotion thot the defendont's colculotion of the plaintiffs' terminol benefits were wrong, orbitrory ond they helped the defendont to withhold huge sums due to the plointiffs. d) An order thot the defendant should pay oll the plointiffs oll the outstanding dues and solaries until their retirement age at sixty yeors. e) An order that the defendant do supply to the plointiffs ond eoch of them oudited stotement of account detoiling their dues. f) An order that the plointiffs and eoch of them be paid all outstanding dues ond other consequentiol entitlements pursudnt to proyer (b) obove. g) AND or olternotively, general damoges for loss of employment being 72 months salary for each ond every plaintiff. h) Costs of (b) ond (c ) with interest covers ot court rates. 2) The defendant on its part, filed a defence dated 8th May 2018, and amended on 12.LL.2008 and further amended 6.1.2016 in which it denied violating the plaintiffs' constitutional or other rights. The defendant also stated that the redundancies were declared in accordance with the applicable Labour and Employment laws. The defendant further averred that the plaintiffs' termination was lawful and that they were paid their dues. 3) When the suit came up for hearing, the plaintiffs summoned James Sibili (P.W.1), Michael Kimonyi (P.W.2) and Lawrence Kyalo Ndutu (P.W.3) to testify in support of their case.The defendant on the other hand summoned one Evans Kipngetich Mutai (D.W.1) to testify in support of its defence. 4) lt is the evidence of James Sibili (PW1) that he together with Michael Kimonyi (P.W.2) and Albanus Ngwiri were appointed to represent over 820 former employees of Kenya Breweries Ltd in this suit. PW1 adopted the contents of his witness statement as his evidence in this suit. He claimed that he together with his colleagues were unfairly sacked by the defendant in contravention of the law through a flawed process known as Early Retirement Scheme which begun in 7994. PW1 further stated that the process for early retirement had conditionalities. PW1 also stated that he did not opt for retirement but he was nevertheless issued with an early retirement letter on 15.6.1998. P.W.L further stated that they were retired in breach of the memorandum of agreement between their union and the defendant. Under the aforesaid agreement, the circumstances under which an employee can be retired and or sacked are specified. P.W.1 further pointed out that under Clauses 25 and 27 of the 22

memorandum of agreement, the employer was allowed to terminate an employee from employment if the employer is making losses by declaring such an employee redundant. The witness also stated that the defendant begun the process of what it called re-engineering without consulting them nor their union. lt was pointed out by PW1 that at no time did the defendant make losses, therefore it was not justified to force them into early retirement. lt is the evidence of P.W.1 that he proceeded for leave when he received the letter requiring him to take early retirement. He said that when he came back from the forced leave he was issued with a letter showing him his exit package. P.W.1 alleged that the package was prepared by the defendant without prior consultation. He said that the decision to terminate his services took away his expectation to work until retirement. He stated that he together with his colleagues were not given a chance to explain themselves out before being declared redundant. P.W.1 further alleged that the defendant employed new employees to replace those who were unlawfully forced to take early retirement and or declared redundant like him. P.W.1 averred that he was claiming for a refund of ksh.50,000/=, an amount which was retained by the defendant when he was forced to leave the defendant's employment. P.W.1 also pointed that there was a schedule showing what was due to each employee as a refund. ln his evidence in cross -examination, P.W.1 stated that his contract of employment was based on the memorandum of agreement between their union and their employer, the defendant herein. He also averred that whatever agreement reached between the union and the employer bound them. P.W.1 conceded in cross-examination that they had no evidence that the defendant employed new employees after they were retired. P.W.1 also stated that though he had alleged that the defendant discriminated him he had no evidence to prove the allegation levelled against the defendant. 5) Michael Kimonyi (P.W.2) adopted the contents of the witness statement he executed as his evidence. He stated that he worked at the security section having been employed at the age of 24 years. PW2 claimed that he was forced by the defendant to take up early retirement after working for only 9 years vide a letter dated 17.8.1999. He alleged that he has never been paid the money the defendant deducted and retained after he left employment. P.W.2 claimed that there was no clause in the contract of employment which provides an early retirement. He also alleged that the defendant employed new employees after retiring them. PW2 stated in cross- examination that he was actually paid ksh.50,000/= 5r1 others were not paid. PW2 re-affirmed in his evidence in re-examination that there were no sufficient consultation before the implementation of the early retirement scheme. 6) Lawrence Kyalo Ndutu (P.W.3) also adopted the contents of his witness statement as his evidence in support of his claim and those plaintiffs whom he represented. ln cross- examination P.W.3 stated that there was a memorandum of agreement between the union and the defendant which gave rise to the joint lndustrial Council where he was a member. P.W.3 pointed out that the memorandum of agreement set out the amounts payable to him. P.W.3 conceded that he was paid the amount specified. P.W.3 also stated that the memorandum of agreement indicated that he was to receive computation from the financial accountant which he received but was not paid as was computed therein. P.W.3 was emphatic that the defendant has not paid all the amounts due the plaintiffs. 23

7) ln support of the defence case is the evidence of Evans Kipngetich Mutai (D.W.1) the defendant's Human Resource Director. D.W.1 adopted the contents of his witness statement as his evidence. He stated that the memorandum of understanding between the defendant and the union was to determine the wages, hours of work and the conditions of employment of unionisable workers. D.W.1 stated that in the year 1997 the defendant underwent a re- engineering process in which a radical review of business to cut costs and improve efficiency by automation. This exercise, D.W. 1 said led to the closure of the defendant's Mombasa and Kisumu plans. D.W.1 stated the employees were allowed to opt for early retirement. This witness denied the allegation that the plaintiffs were discriminated. D.W.1 stated that there was an agreement between plaintiffs" union and the defendant that the defendant would retain ksh.100,000/= to cover debts and or liabilities due to the defendant or Tembo Cooperative. ln cross-examination, D.W.1 stated that the retirement age was set at 50 years. He also stated that the defendant came up with the idea of Voluntary Early Retirement before attaining the age of 6O years. DW1 stated that employees would write to the defendant requesting to take an early retirement. lt is the evidence of D.W.1 that the document used to operationalise the early retirement scheme had given the defendant the discretion to reject or accept such requests. DW1 stated that the defendant reviewed its business and found that it had excess employees who needed to be of loaded having invested heavily in technology to improve efficiency. He stated that the Unions were engaged to set up the terms of redundancies and the defendant settled for redundancy and abandoned the Voluntary Early Retirement Scheme. D.W. 1 further stated that the defendant undertook what it called re- engineering to reduce costs of production and improve efficiency. 8) D.W. 1 claimed that there was a joint industrial council who met and agreed on Voluntary Early Retirement Scheme but he failed to tender in evidence the minutes of council meetings held. D.W.1 also stated that part of the initial payments were retained by the defendant. As for management employees, a sum of ksh.100,000/= was retained while a sum of kshs.50,000/= was retained in respect of unionisable staff. ln his evidence in re-examination, D.W1 stated that there was an early retirement package which was voluntary but the same was subsequently there was termination which was not voluntary. D.W.1 denied that the calculations of the exit package were arbitrary. He stated that the defendant used the Kenya Revenue Authority tax calculation guidelines to employers to tabulate what was due to the employees leaving. 9) At the close of evidence, parties were invited to file and exchange written submission. Learned counsels appearing in the matter were also allowed to make oral highlights. Having considered the evidence together with the rival submissions, the following issues commend themselves for the determination of this court. i) Whether or not the early retirement scheme was carried out in contravention of the constitution ond the existing contracts of employment. ii) Whether or not the plaintiffs ore entitled to o refund of the monies ollegedly withheld by the defendant. 24

iii) Whether or not the plointiffs are entitled to be poid their salories upto the dote of retirement. v) Whether or not the terminol benefits cloimed by the plointiffs ore properly computed. 10) On the first issue, it is the submission of the plaintiffs that defendant developed a voluntary early retirement scheme in which any employee who desired early retirement had to fill a given form and present it for consideration by the management and there was no guarantee that the request would be accepted by the employer. lt was pointed out that some of the conditions which were to be fulfilled before an employee could be allowed to take up a voluntary early retirement included inter alia poor or low productivity, poor disciplinary record, poor health and that one should have attained the age of 50 years. lt is also the submission of the plaintiffs that employees who were aged above 50 years would earn his/her salary upto the retirement age of 60 years. The plaintiffs have pointed out that the Voluntary Early Retirement Scheme did not achieve the desired results of getting many employees retire from their service. lt is further the submission of the plaintiffs that without consulting their union the defendant unilaterally crafted a scheme to send home a number of employees. lt is said that the defendant would send an employee on compulsory leave and upon his/her return, he/she would be issued with a letter of early retirement, letter of service and a schedule of computation of his/her dues and thereafter the employee would be asked to sign documents to clear and leave the company premises. The plaintiffs referred to this latter scheme as Unilateral Forced Early Retirement Scheme. ln response to the plaintiffs' submissions, the defendant argued that the plaintiffs' union was consulted and made aware of the intended implementation of the voluntary early retirement scheme. The defendant relied in evidence minutes of a meeting of the Joint lndustrial Council held on 11.08.2000. The defendant further stated that in implementing the early retirement scheme it did not discriminate against any employee. The defendant further denied breaching Sections 80 and 82 of the 1963 constitution. lt also denied breaching the terms of the memorandum of understanding entered between it and the plaintiffs' union. I have carefully examined the minutes heavily relied upon by the defendant in respect of the meeting which took place on 11th August 2000. lt is apparent that the early retirement scheme took place between the year 1997 and 2001. The minutes relied upon are in respect of a meeting of Joint lndustrial Council meeting held on 1,1.8.20OO. lt is evident that the early retirement scheme was done more than three(3) years before the consultative meeting was held. The defendant did not tender minutes of any meetings held between the defendant and the plaintiffs" union prior to the commencement of the forced early retirement scheme. A critical examination of the minutes tendered by the defendant will show that the union had clearly stated that it had never been party to the forced early retirement scheme. ln fact, the union clearly stated that the defendant had turned the initial voluntary retirement scheme to forced early retirement. After a careful evaluation of the evidence, I am convinced that the plaintiffs have shown that they were forced to take an early retirement without being consulted nor the participation of their union. The initial scheme was 25 iv) Whether or not the plointiffs are entitled to generol domoges for loss of employment.

voluntary but the same was later forced through the plaintiffs throats. The documentary evidence presented by both sides show that the plaintiffs' were employed by the defendant on permanent and pensionable terms and were each expected to retire at the age of 60 years. The plaintiffs have complained that their rights as enshrined under Sections 80 and 82 of the constitution (now repealed). The defendant has argued that the plaintiffs have failed to tender evidence showing that they were discriminated in the implementation of the early retirement schemes. lt has emerged from the evidence tendered that though there was no open discrimination against the plaintiffs, it was not clear what criteria was applied in identifying those to take up early retirement. ln the absence of a clear explanation, this court is entitled to infer that there was subtle discrimination as against the plaintiffs vis-a-vis those who remained in employment. The plaintiffs have also argued that their right to fair labour practices guaranteed under Article 41 of the Constitution of Kenya, 2010 were breached. ln response to this submission, the defendant cited the case of Alfred Asidaga Mulima and 2 others =vs= Attorney General and 8 others, Nairobi C.A no. 179 of 2Ol5 in which the Court of Appeal held inter olio, that a court cannot enforce rights created under the new constitution unless those rights were recognised and protected under the previous constitution. With respect, I agree with the defendant's latest submission. ln the circumstances this court by inference finds that the plaintiffs' right to protection from discrimination under Sections 80 and 82 of the Constitution of Kenya (now repealed) was breached. 11) The other question which is related to the above is whether the implementation of the early retirement scheme was in breach of the contract of employment between the plaintiffs and the defendant. The plaintiffs have argued that the letters sending them home for early retirement cannot be treated as redundancies. They are of the view that the same were unilateral forced early retirement scheme. 13) I have carefully perused the Collective Bargaining Agreement (CBA) executed between the defendant and the plaintiffs' union, the Kenya Union of Commercial Food and Allied Workers (KUCFAW) and the contract of employment. ln the aforesaid documents, there is no mention of an early retirement scheme. There is no doubt that the early retirement scheme was a creation of the defendant. lt has already been stated that the scheme was meant to be voluntary in the initial states. The plaintiff beseeched this court to treat the early retirement scheme as a form of redundancy. lt is not in dispute in the C.B.A and in the contract of 26 12) The defendant on the other hand is of the view that as unionisable employees, the plaintiffs' terms of employment as per the memorandum of understanding provided for a declaration of redundancies described as loss of employment through no fault of the employee concerned. This court was urged to find that the early retirement scheme was redundancy as defined in the memorandum and the labour laws. The plaintiffs are of the view that the defendant was not justified to declare redundancies because no losses were declared and that the re-engineering process served no other purpose but was meant to increase profitability. The defendant was of the submission that as an employer it was permitted by law to declare a redundancy if the employer decides to reorganize its business to run more efficiently and profitably.

employment redundancy is stated to be one of the methodology in which an employees' employment could be brought to an end. lt is expressly stated that redundancy should be with clearly laid down procedures. The C.B.A and the labour laws are very clear on what conditions must met for redundancy to be applied. First, it must be justified and proven that there is need to reduce the number of employees in order to save the employer from collapse. Secondly, that the redundancy process and package must be negotiated and explained in advance to the persons affected. Thirdly, that there must be a clear criterion as to which employee would exit and why must be laid down. ln this case the defendant failed to produce its annual statement of account to show its financial status despite having been served with a notice to produce by the plaintiffs. The plaintiffs' assertion that the defendant was then and has continued to-date on an upward profitability trend remains uncontroverted. There is no evidence that the process was negotiated by the employees affected. ln the absence of the above mentioned features, it cannot be said the defendant's early retirement scheme can be treated as redundancy. With respect, I am convinced that the plaintiffs were justified to plead that the defendant's scheme was left at the whims of sectional head and was inbured with extreme favourism and discrimination. The plaintiffs were therefore right to claim discrimination since there were no guidelines to justify why they were retired while others of similar qualifications were left to continue to work. lt is clear in my mind that the plaintiffs were removed from employment whimsically and without following the laid down labour laws and procedures. Consequently, the plaintiffs' termination and or dismissal is declared to be unlawful and therefore the plaintiffs are entitled to be compensated. T 14) The second issue to be determined is whether or not the plaintiffs are entitled to be refunded monies withheld by the defendants. lt is the submission of the defendant that the plaintiffs are not entitled to be refunded the aforesaid sum because the plaintiffs failed to specifically plead and prove save for the two plaintiffs who testified. The defendant further argued that most of the plaintiffs were paid back the refund after it was established that they did not owe the company money. The defendant also argued that the claim was not similar to each plaintiff. The defendant further pointed out that the schedules of payments prepared by the learned advocates were never admitted as exhibits in evidence. The defendant also argued that it has set up the defence which is to the effect that the claim for a refund is time-barred therefore the claim for ksh.20,775,752/= is not justified. The plaintiffs have beseeched this court to order the defendant to refund the monies it withheld as security. lt is pointed out that the defendant has admitted having deducted the aforementioned amounts from the plaintiffs. The plaintiffs have urged this court to order the defendant to pay the claim as per the schedules provided by two firms of advocates. I have considered the evidence provided by both sides plus the submissions over this claim. There is no doubt that this claim was pleaded in the plaint. The plea may not have been precise due to the numerous number of plaintiffs. lt is not in dispute that three plaintiffs testified on behalf of the rest of the plaintiffs and this is not unusual in representative suits like in this case. The defendant has stated that the claim is timebarred. lt is unfortunate that the defendant has failed to lay both the factual and legal basis of this ground but it has instead made a general submission which did not help its defence. Both the plaintiffs and the defendant concur that the defendant retained from each employee either a sum of ksh.50,000/= or ksh.100,000/= as security for the defendant company

liabilities. The plaintiffs provided a full list of names and amounts of refunds due to each plaintiff. I have already stated that defendant has stated that the amounts were repaid to the plaintiffs. The defendant summoned its Human Resource Manager, (DWl), to testify in its defence. Unfortunately, DW1 did not produce in evidence any documents or form of evidence to prove reimbursement or repayment of the amount withheld. The plaintiffs produced in court in compliance with this court's directive two lists of claimants and the pay off schedules to confirm the deductions. The schedule filed by the firm of Namada and Co. Advocates dated 11th day of May 2015 shows that the defendant has withheld a sum of ksh.20,775,752 in respect of the plaintiffs whom the aforesaid firm represents. This document has guided this court to ascertain the amount withheld and not repaid by the defendant. The defendant has not controverted the schedule. lt cannot therefore lie in its mouth to deny the same. There is no reason why the plaintiffs should not be paid this claim. Consequently the plaintiffs who are show in the schedule prepared by the firm of Namada & Co. Advocates dated 11.05.2016 should be paid a sum of ksh.20,775,744/= as shown in the aforesaid list as follows: NAMADA & CO. ADVOCATES. SCHEDULE OF PAYMENT AMOUNT AMOUNT NO. NAME URBANUS NGWILI MICHAEL KIMUNYI JAMES SIBILI SOPHIA WAMBUI ZACHARIA KATEE REUBEN NOKATA JAMES N.IOROGE JOHN NJENDU KIRUBI MICHAEL THINWA KIBUI ot/o7l2ooo 318,1,04/= 58,573/= DATE OF TERMINATION TAXED OFF 66,830/= 50,L21,/= 69,327/= 14s,7441= e5,667/= 6s,7L7l= AMOUNT WITHHELD 100,000/= s0,000/= 50,000/= Ts,oool= 50,000/= so,ooo/= 100,000/= PAID 1 2 3 4 5 6 7 8 9 02172119e7 77/8/1999 7s/6ltees t8/021L999 7s/oe/2oor re/10/1998 15/0s17998 175,226/= 260,6tt/= s70,7431= 1,051,722/= 66t,578/= 370,29u= ,o i,',lfl*, KA6'*Aos/oolrgsa 11. ATHUMANT OMART 37/L217997 12. PAULGATHUKU 1s/Os/7998 13. 688,238/= 584,889/= 766,748/= 23,743/= 50,000/= L8/06/1998 t66,748/= 23,7431= s0,000/= 15 17/o8/I99e rca,663/= s1,880/= % L4. MOHAMMED SAID ALI MATHIAS MUIA MWANTHI 25/04/2003 649,432/= 183,21,6/= 92,s22/=

,. jl'rffI MWELU tsrcst7ss8 17. TOM S|LA MULUNDI lslo6/7998 ,' ffiTiffiL,Tf, ,ro,a/ool: ssa 1q HANNAH wAlrHlRAls los/Lgs8 --' warurRu 'o '#IrT*rA MUTHUT L8/o2/Lss8 DAVID NDEGWA 18/ 06/LssB "'wANJoHr ,, +?jrtll.^ MELAU LB/02/Lss8 23 HENRY MBTTTMULU 1,8/0611998 ,0. llYYt MADESHE3l/ tortsss

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?q JULlus THEURI 2uo,/2ooo "'' WARTGU ,u lfill, *r*Gors/os/rsga -- BENEDICT MUTII ,, a;r*; "'- "- 7s/os/2001. ,r. :'[t*Lo* KABURU ..:.rcTpooo 7q JOAN WAIRIMUJUNE 1998 "' KrGo ,. ilt"X"#, MArNAor/ozlzooo ?1 STEPHEN GIrAU nlozlnsa "' KTMEMTA 32. GAKWIL ERANA ?? CHARLES MBUTIA tglo 6/1998 "' GrrAGrA so. Yfll . HosEA 22/04/tss'

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KARluKl z6/03/Lgg8 '5' waHrNGa ,. i"r:'il|^ TALAST $/os/rssl 37. JOHN MACHARTA3l /0317998 6r,7021= 574,890/= 494,950/= 474,429/= 198,656/= 60,343/= 451,385 278,507/= 5L5,026/= 7,038,820/= 7,796,507/= 7,205/= 72,388/= 50,000/= 48,107 /= 50,000/= 36,0831= 50,000/= 5,888/= 50,000/= 59,267 49,3s21= 6s,469/= 29Ol= 1,270,520/= 748/= s0,000/= 765,r48/= 640,Msl= e4,999/= 777,694/= 195,966/= 7,O50,221/= 730,625/= 188,O781= 80,306/= 100,000/= 36,1.2s/= 100,000/= 778,456/= 50,000/= 26,6601= 25,OOO/= 300,333/= 54,909/= 22,507/= 72,OOO/= 19,626/= s0,000/= D

38. 39. 40. 41,. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. MWARARI JOEL MUTISYA MUINDE JOHN MUNGAI NG'ETHE ESHMAEL NG'ETHE MUNGAI BENSON BENARD MULAMA MUSONGA SIMON MUNYUA 28106/1995 654,369/= 3Vosll998 277,8371= 38,787/= s0,000/= 37/0711996 1,178,854/= 55\,782/= 70/07 /1998 255,002/= 26,270/= 100,000/= 2UO6/2000 426,148/= 80,751/= 50,000/= KAMANO BENARD ANJIRI MAKANGA JOSEPH WAMBUGU WAHOME RICHARD NGAO JAMES MUKUNDI GATHARA HARUN ISMAIL SEBIT ABDUL ABDALLA MOHAMMED DAVID MUTHAMA NDUNDA SEPHEN MWANGI KIAMA PAUL JACKTON MALOBA MOHAMMED ABDULLAH KASIGARA 707,978/= 24,135/= 100,000/= t7/08/1999 26/10/2000 78/06hes9 20/08/2002 30/04/7998 22/0411998 31./O3/1es8 17/08/1999 01/07179e8 37/12/199s 7,765,897/= 3,759,95u= t4L,7t5/= 964,4O7/= 100,000/= s0,000/= s0,000/= s0,000/= s0,ooo/= 354,837/= 66,752/= 21,,000/= 268,381/= 34,74o/= 377,666/= 55,919/= 100,000/= 27s,798/= ffi,Xff roc*tto/tz/tggg PETER MULr NYALA 30/06/1998 '$Xjt wAcHrRA18/,2/tss' DANIEL KTHTKO .J,rcsl:f,g8 KIMANI IJI irff^*u, c*'GE zttotroge 1,\37,651/= 716,tO6/= t,7!7,400/= 623,148/= 7s4,3s4/= 1,48,273/= 1e0,250/= 30

5B 59 60 61 62 63 64 65 66 67 68 69 to CHARLES KIVATI NGAU PETER OTHIAMBO OCHIENG NAPOLEON NATHAN KAMAU JAMES WAIGWE MUTURA ABUDU JUMA WAZIRI PETER MUNENE NDEGWA CLEMENT NJUNGE NDUNGU JOSHUA NGAHU GILBERT SALIM ISMAIL IBRAHIM MARK MUKOYA ABUOGA LAIRD MUSHIMBA SAMUEL ANN WANJIRU MWANGI GODFREY GITHUI WANGIGE L8/02lL9e8 77/08/lees 12lOsl199s t0losllgss 31./72/19e7 3tl03lLsss 3u70/7e94 77/03/1998 15,630,991/= 838,597/= 295,235/= 371,865/= 455,454/= 217,54O/= 492,282/= 458,798/= 3,752,482/= 725,227/= 67,896/= L,772,909/= so,ooo/= 100,000/= 6s,1,33/= 100,000/= 6L,4161= 30/04/7998 t,083,948/= o1/os/1998 t,488,533/= ls/09/ZOOL 231,077/= 1.s/os/7998 625,783/= 78/06/1998 7,252,685/= 588,429/= 762,770/= 846,797/= 430,867/= 69,O72/= 227,6791= 228,034/= 76,377 /= 83,827/= 29s,941/= 112,t73/= 707,624/= 747,073/= 8s,286/= 50,000/= 50,000/= s0,000/= so,00o/= 50,000/= 10,000/= 100,000/= s0,000/= GEORGE GWoNDA06/og/1gss "'IIYAMARURu 72. FRED KTAR|E MATNA t8/O2/1998 ,, ilffi: WAMBUGU3 lol/tsss ?4.fllMs NGUG|:r/oglrgga ," NYARARA ,r. [X'^?^, osoKo Elot/Lssl ,u.',CItol;o* NU''so/oelrggo GEORGE KANTI ,,,,irr- "'""'7slo3/1es8 78.JOSEPH ONDURUTS/0617999 so,ooo/= r,202,654/= 7,372,500/= 625,008/= 50,000/= 31

ODUOR 7q EDWARD MWAURAlS/06/7998 '-' GACHTE to '*?'nto, "*'"'/'ol'oo' rr'J[Y,'fi qaMBrKr3sT6 6t7ssl 82. ERASTUS KARAGO 2910411998 R? JOHN WABUGA3o/ o4llgsl ",.KANGETHE ro [,r'ot[t wELlNGAo6/ oslrsss rr. il[,jit) *'u*oo:r/o3/1ssl 86. PETER KTRUKU 30/1L/20O3 R7 JAIRO OKUMU 7z/7ol2oo7 ''' oruYarueop 88. JOHN KAMAU t8/06/7998 89. GEOFFREY NJOROGE 03/ Lzl 7997 90. GEORGE MUNYUA t3/O417998 50,000/= 34,7881= 3,L77,579/= 7,023,555/= 100,000/= 984,53t/= 457,989/= 56L,1,61/= 245,252/= 50,000/= 79,7s9/= 50,000/= s0,000/= 885,7s4/= 17s,3s8/= 50,000/= 173,704/= 809,602/= 181,380/= 20,229,6s41= 3O4,632/= 29,275/= 429,699/= 25O,OOO/= 4,6s3,386/= 9s,2621= s0,000/= L,1.70,OO0/= 10,0OO/= s0,000/= s0,000/= s0,000/= 567,224/= 195,633/= 588,14L/= 691,634/= 516,620/= 786,800/= L,704,472 570,679/= 87,230/= 33,747 /= 30s,700/= 28,537 /= 50,000/= 746,701/= 5O,O0O/= Lto,611l= s0,000/= 94,995/= 32 ol RAYMOND "'GncHorrnsa 2uo6l2ooo CHARLES e'z *;r;L;u MANG' 2s/04/Lse6 93. JOSEPH OLOO 26/03/t998 s4. ]os-ElH KABoGo3 yLo/20o3

• " KARANJA

qs FRANcls oMoNDlza/o sltggg '-'oguRr ,u lo',;'St' NGANGA 18/o 6/i.ss8 q7 STEPHEN 3rrc3/l-ggl -'' wnuguRA NJAU ,r ilil:|* GrcHUHr 26/06/7ss6 99. TONKETOLE MAP| 37/03/\998 100JosEPH MUTTNDA 22/04/L998 ,r, lr',I:13.o MW|LU 27 rc;/:.slss I02JOYCENYAW|RA 28108/1998

103 LYD|A MWANGT 7s/05/7998 lo4llJEAcE NGU| ts/os/2ool 10s BENJAMTN MUTTSYA 22/0411998 107 PETER KTRUMA 7910s/20OO ,*f,ilj:j .HARLESIT/oB/tsss "",,?rlrXr*o MArH lN I 2slo 6/ 7se8 rro iiX'ic, wAcHrRA 31l o3/tss8 111.JAMES BEDAN K|GO 3t/1211998 112 ANTONY KTOKO 37/OU7998 ,t, ff!lE,j*, N'ERU zrloolzooo ',.Il"Ji^%:ii, 3o/tt/tsss ' ' - MAINGI MUNGAI t7/07/2ooo "'KAGTRT ... DAVID MWANGANC rro ffirfo 'r^'!e^'!r31 /rzltssT ,rr M:ff31 KrMAru 26/04/tsss 1 1q MosES KURIA rslozlrgs '^'nawnruGt ,.zol"or![" RASAKIoe/oglrsgs I2IJOSEPHKrMANr 79/70/1998 122JOSEPH MWANTKT 27/06/L99s 123 HERMAN NJOROGE 22/04/1998 124 DAV|D KTMWELE tslogl2oot ., ". PETER "'MUsEST MICHAEL 126 rnuRu 127 EDWIN 63,590/= 1,287,489/= 637,099/= 77,6s21= 797,264/= 740,375/= s0,000/= 50,000/= 100,000/= so,ooo/= 589,372/= 98,570/= 100,000/= 73,572/= 73,4781= 50,000/= 1,067,107 /= 779,425/= 50,000/= 661,,101/= 782,026/= 75/= 270,61,3/= t7,668/= 50,000/= 758,881/= 136,438/= 50,000/= 4s8,64s/= 7,037,9061= 23s,6411= s0,000/= 644,195/= 79,907/= 50,000/= 481,897/= 567,788/= 45O,239/= 73,776,059/= t3o,37t/= r23,624/= !16,799/= 2,559,355/= MYSYOKA 30l06/19s6 NJOROGE os/07l2ooo 960,O75/= 892,3771= 758,694/= RAGAK 31/10/1998 161,452/= 100,000/= .lr) JJ I

AWILI 128CALEB OPUKA 2sl07l2OO0 I29JANUARYKAKU| O2h2lt997 130 ONESMUS KTRAGU 22/04/1998 . ^, CHRISTOPHER ,,, MWANGI NGoBU 132GABR|EL NDUNGU 1810211998 133JAMES NGANDU 134JUL|US NDUN| 22104/7998 13s ilffiNEi MBUGUA03/ to/20o3 136ZACHARrA KABTRU 22104/1998 137 EDWARD NDEGWA 31,/08/1998 138 J. T. NANDTE 37/1217997 MWANIKI "' rrir*io NGULA 37112/tee, 140 MTCHAEL NDUTA 1910t17998 141 JONATHAN NDOLO 31/0s11998 ,., ilffiffi:N s'rs/oslrsga r.rililt'[ M'zqtostrgs 144JOHN M. NJOROGE 31,/LO/1994 rosffi^, NJoRoGE03/04/7ss8 "';ffffli,l,ro,r, 24to6ttssg 147 PHYLTS WAMBUT 261O4/799s ,* litjlfll MURrrrHr 30/06/tss6 ,.r|?i,ty owrNo t8rc2r-ssl 150 ELTEZER ONCHTEKU 22/05/1998 l5l STEPHEN N. KALil 70103/1996 rsz ff[,ri*, WAWERU3I/07 ltsss 153 NANCY E. NYAGA 22104/1998 rr- [,"^t^:ilff L o *oo, t4 t 03 / tssl ,rrffit KANGETHE3l /to/tse4 22,7981= 797,048/= 34,857/= 50,000/= 503,328/= 2a5,977/= 720,254/= 322,902/= 1,s29,969/= 679,285/= 2,220,330/= 82O,st8l= 977,485/= 1,230,181/= 1L9,846/= 7,255,215/= 367,974/= L,236,6331= 235,569/= 7L8,886/= 27,072/= 35,425/= 702,2s6/= 93, 76/= 537,356/= 176,351/= 3r4,455/= 18,427/= s0,000/= so,o0o/= s0,000/= s0,000/- s0,000/= 377,343/= 8,3301= 24s,968/= 48,654/= 50,000/= 844,895/= 7,257,726f = 985,911/= 699,789/= 11,872/= 753,596/= 153,399/= 50,000/= 76,702/= 34

1s6#risKr KlHlKlza/oolrgga . __ GEORGE MBUGUA3l/ O3/ts87 "'NJrNo rsaffiffio *G''''rr/orlrgra 1tro ERNEST GAKERO "'NDTRANGU -- GEOFFREY MBURU 'ou MUNGAT

• _ - FELTX *'O*,t rrlorlrr*

'o'MWANGT ..^ JOHN NJOGU 'o'GrroNGA ro: ffifD*o, KTGURU wrc2/tssl 164BERNARDMBETU 3OlO4lt998 I6sJOSEPH KEYA t8/0611998

• -- PETER 'o'*ogr/orlrgga

'oo KAMAU ,ur'fif'fff,^, NGUNTTRT $/oz/rss8 ,., I?flff^'-A KARruKr 31 /o3r tsss ,rrrjf,o NToRoGE..r,/o6/1,ss' ITl S|MON RUTTOH 37/07/7998 .-^ ROBERT M 172;-uruNGA "" L7/02/2006 rza ftj!flro Grrou eoloolrgge 174 KTTHUKA K|OKO 25104/7995 17s SOLOMON MUTTSYA t5lo9/2001. ,r.HLT[ilr'UtUoso/oslrggs 177 CHARLES WATHTGA 37/10/7998 178 MARCUS MURUBE 31,10317998 179JAMES G|TAU 18/06/7998 357,715/= 63,739/= 1,357,657/= 371.,749/= 100,000/= 78,747,008/= 154,789/= 346,736/= 2,942,725/= 20,!O3/= 75,O8O/= 53O,528/= s0,000/= t7,7OO/= s0,000/= 443,O89/= 1,050,188/= 37,877 /= 558,630/= 927,936/= 7,277,784/= 347,8821= 387,796/= 1,095,973/= 790,7s4/= 397,779/= 473,790/= 73,977 /= 50,000/= 1O,sO7l= 81,8761= 734,036/= 5o,ooo/= 100,000/= 80,784/= 27,763/= 78,783/= 50,000/= 727,587/= 100,000/= 1,002,489/= 744,056/= s0,000/= t,237,5741= 35

180JAMES MWANGT THUO lsl LAWRENCE M. KUBURENDI 182JOSEPH MWANGI KIMANI . o, GEOFFREY K. "'MUcHEKE 1qa KEFFARS KARIUKI ^"'KAGUANYU 185 SAMMY MWANGI 186 NANCY MWANGI ",Rli,i'^i, MA'NA 188ANN KAMBA 78/02/1s98 2,ss3,84o/= 82,2771= s0,000/= 3tl70/7998 751,217/= L8106/7998 669,773/= 77,672/= 50,000/= 301o9/1998 78102/7998 Ls/05/t998 37/07l7sse 30/06ltss 372,7s6/= 294,725/= 154,181/= 16,423,530/= 264,744/= 1,947,0671= 2O4,648/= 26,9!Z/= 47,782/= !,397,423/= 26,093/= 28s,1s81= 27,O72/= rs, il#fulr MUcHrRr 3t/t2/tss7 1o^ BENSON IRUNGU ^'"uwnruct l9llULrUSKAR|UKr 0217211997 192JAME5 N. KIRANGT 30/1017998 ,rri:[j}^ Ko'Urgr/rolrggs 1s4lYNlc! . wANruGU FEB. 1ee8 .- .KAHUIRIA 19s EDWARD N, KArRU 2s/0417998 116rNorsHT[E M'zr/oa/zooo 197 MUEMA DANTEL 22/0L11998 198 NZTOKA WAMBUA 1810217998 ,rril'fril N zz/oqluga 200 JoNES KTSANT NGULr t5 /06/ 1999 ,r, IlSX;f MATHEKAll/osllees 202 DOMTNTC NDERO 29/13/7996 ,03 ff?X,:|^- UAN D I Ko 26l 03 / tssl 204TOM KAB|TT VENGE 30/03/1998 20s RoBrNsoN 30 /0611998 587,770/= 86,776/= 50,000/= 778,885/= 42O,s78/= 406,6381= 206,OOO/= 7,L79,592/= 1,782,483/= 269,603/= 604,884/= 80,638/= 33,1471= 213,583/= 257,722/= st,84sl= 777,700/= 100,000/= 10o,ooo/= s0,ooo/= s0,000/= s0,000/= s0,000/= 166,348/= 50,000/= 7,379,207/= 1,134,23!/= 77O,t82/= s0,000/= 38

NDUNGU NGUGI ,o6fluu?:illNE 3o/06/tssl ,0, !-'?lS^' *u'o zt tos/tggg MUISYA ,ori,H[n,*o *''*'0, /o7ltss' 1^oJOHN NGUGT '"-warulau 210 MUSA MBONGO 211DUNCAN MWANZIA 212 DAVID NGUGI 11 " PETRONILLA "'WANJTRU ,14 JOSEPH MATATA -..MUTUA 215 KADOGO PASCAL .. . PATRICK KIBUNJA "o trtouNGU ,,,lfj's MWTKYA EVANS MUROKO 218 v,trHnMo FRANCIS K. 219 rocro*,o .. - STEPHEN GITAU "'KtMANT 221JOSEPH KINYANJUI .-. LABAN GICHARA "'NJoRoGE ,",JOHN KARANI "'JURruKr JAMES MURIU 224 e tcHRRu STEPHEN 225 WANGOMBE THEURI 226 NGUGI KIRAGU 227 JULIUS N. MULI 228 STEPHEN MUGO 3t/03/lesr 37/03/1996 2s/04/L996 1,O/0311996 04l06/79s8 18/06/1ss8 L8/02/1ss8 03/L2/7997 3\/70/7ee4 oelo9/19s8 22104/\9e8 t8/06/1se8 31170/1ee8 31-lL2/1997 779,072/= 169,374/= 709,130/= 434,689/= 890,489/= 80,7331= 662,952/= 595,706/= 871,781,/= 134,3341= 1,778,535/= soo,sls/= L48,O83/= 858,603/= 79,O89,O831= 920,7771= 2O2,832/= 669,330/= 741,O28/= L9,489/= 25,823/= 122,624/= 229,035/= 17L,872/= 117,730/= L7,738/= 46,029/= 125,280/= 2,267,839/= loo,ooo/= \o,400/= 70,O0Ol= 100,000/= so,o0o/= 50,000/= e2o,4oo/= 28106/799s 01/03/1,998 SaO,oaO/= 1'J.1,611/= 50,000/= 301061L996 932,OOOl= 1,s/1,212003 50,317/= 709,278/= 138,703/= .lln 3/ 629,473/= s0,000/= so,00o/= s0,000/=

"'g illlEHsE NrI "''' o' o / oG / TssB ,roj.'-?llT^^^ A'oz/tz/tggt KIBARABARA zarfflf*o MUSERU tsrcutsss 232 BENJAMTN KAVO| MWIKYA z:a ff[jnEl*, "* t* u r v 03 / rssl ,r, fl,"jlll;to *,, *oo 30 /o6t rssl 23s rsAAC MAINA 3tl17/7998 zloilj[i*^ NYoKABT $rcsr-:,sl 237 ROSE WANGART 1,s/Os/7998 ,aailf-'S? NrERrra/ozlrssa ,rr'fji[i, MUCHEMT tl/oz/rss8 ,.. i?i:,}, MURrrrHr 2l/02/tsss zor[,ftjfo* KINUAzz/oq/Bga 242 MOSES N. NJAGr 22104/7998 243 TIMOTHY GATHUA 244G. M. NGARUTYA L8lO6/L998 245 PAUL RrMUr MUH|A 3O|O4/2O03 246JOHN KABAA t3lo7/t998 247 HASSAN SORA 78102/7998 248 S. M. MUHTA 1,8106/1998 z0, ffil'*ooo,"''* o rr I 06/ 1ss6 2s0wrlsoNMABor 31/72/1998 2sl JOEL MAR|M TOO 31,/70/7994 252JOHNMWANTKT 23/04/7998 253 JACKSON MULONZT 2UO6|2OOO 754,22O/= 1,065,643/= 7,284,767/= 424,524/= 101,026/= 366,0s8/= s06,4971= 535,874/= 497,332/= 417,r87/= 531,,429/= 1,764,785/= 279,985/= 664,0971= 705,L78/= 7,450,847/= 7,s96,866/= 894,915/= 547,L47/= 1,040,562/= 22,940/= 17,641,660/= 97,5681= 27,072/= 748,010/= 368,749/= 101,888/= L7,2OL/= 40,s08/= 63,8061= 67,046/= 83,712/= 72,674/= 100,000/= so,ooo/= s0,000/= s0,000/= 50,000/= 50,000/= s0,ooo/= t85,7tO/= 48,995/= 732,055/= 14,378/= 17,252/= s9,948/= 19O,e6e/= 38,37u= t,778,904/= 1.4,7771= s0,000/= s0,000/= 50,000/= s0,ooo/= s0,000/= 50,000/= s0,000/= 1,000,000/= s0,000/= 254JOHN GITORO 255 JAMES AMOLO 256SIMON MUTISYA 77/0611996 3)/O6ltee8 te3,3e2/= 38 36,107/=

2s7 NELSON KrNGA 28106/199s 258 KENNETH KAGETO 2s9 KAR|M H. KAR|M 371L2/t997 ,oo:H$ilA wArRoBr B/04/zoo3 261 PETERSON ATGURU 22/04/7998 262 BENJAMTN WAMAr 3L/05/1995 263 JOSEPH MUTHAMA 3UO3/7998 ze+fftloEfio,o 3t/1,2/tss7 265 DANTEL MWAURA 37/03/1998 zoofljffif'c "*''ro/oslrrrt 267JOSEPH K. KUNGU 31170/1998 zoa [i][[*uu KTGUTA CLEMENCE 269 WAKESHO 21,/09/199s MWADIME 2T0ALBANUS K. NZAU 21/0612000 271BENARD K. S|LA 27/03/1995 ,r, ffi[ffiifJ 27/o7/tss8 zza [fl]rtj^, HUssErN u.lozttssl ,ro'!11M 77/08/tsss .' .MOMANYI ,ru[ffiffi's DAV|D:r/oslrgsa 2T6STEPHEN NDERTTU 2s/04/20O3 ,rril,ilij:, MU*zz/oo/zooz zza [']fl soMBo zstoq/zoot ,rr[iU:ll" RERE'os/oslrssa ,"ilfiiiil, *'t,ttl/tss' ,r, lf;t|fi,*o NGURE:r/oslrgga 282 BENARD NZTMBA 3ut2/7997 10,000/= 373,448/= 307,383/= 62,956/= 259/= 296,5001= 25,592/= 301,396/= 1,522,797/= 160,792/= 246,644/= 1,722,592/= 762,887 /= 1,448,399/= sst,724/= 667,7491= 62,059/= 624,1,83/= 44,992/= 274,71,1/= 79,506/= 27,363/= 67,3s81= 216,62s/= 73s,3301= 536,097/= 100,000/= 100,000/= 50,000/= s0,ooo/= 80/= s0,000/= 844,375/= 678,687/= 7,876,432/= 647,6961= 184,8601= \09,486/= 544,705/= 88,12O/= 100,000/= 39 a60,7551= 1,,1,09,3631= 668,s871= 607,496/= 100,000/= 60,000/=

283 CHARLES ODTNGA 0311217997 284 srLA MUYA 78/O6/L998 285 FRED NGENO SOr 7s/7O12001 -^. HADIJA NJERI 'oo ABDALLng 287 ^.. MARTIN NJIRAINI 'oo MURAGE 289 FRANCTS KTMOTHO t9lLOlL998 290WILSON MURilTHT 7810917998 zsr ffi'rf, MAGorHr rlrc2/rss8 292 GABRTEL M. METHO 21106/2000 293 SOLOMON K. KAR|O 18/06/t998 ,r-iVf-TI'Jj src zoo3 29s CHRTSPTNE NYAGA 3L/03/7998 ,16 X,i:il:*s MUrEr 2s/04/tss6 297 ROBERT MURTUKT 3t/tOlzOO3 298 PETER M. MBU| 78/O2/L998 ,r, IffiMED roHN 3yo3rLssl :oo rjjffi MWANZTA 26 / 03 / 7ss6 301 MESHACK DERO 4/16/1998 ,0, i!flfffio* z4/to/2001 303 LAMECH MOGAKA 78/02/1998 ,r, il:!ffi^ AGUNDA rslo ollsss PFTFR ,vlt'RltJ 8rc2r1,gg8 305 vutcR ,r. iiltl" MUrURrzs/o 4/2003 aozfiffftso,ro KrMo*'srloelrsga 308JOSEPH A. BWANA 27103/7998 ,.r:?iJi NGANGTRA18 nl*s8 310 NAHASHON M.30 /6/1995 918,899/= 468,366.86 551,503.66 947,942.86 828,620.98 672,349.50 128,304.75 L6,884,225.2 3,391,560.50 720,339/= 46,573.00 L01,742.92 L37,7121= 58,326.30 s0,000/-- 500,466.80 770,323/= 209,842/= 107,451.50 50,000/= so,ooo/= 50,OOO/= 2,934,237/= 1,450,227/= 995,586/= 775,4!3/= 248,177/= 779,209/= 790,2571= 32,273/= 575,823/= 3,407,700/= 727,742/= 7,543,649/= 7,334,1721= 42e,828/= 769,451/= 99,9271= 50,000/= 607,023/= IOO,OOO/= 27,9641= 14,49s/= 452,217/= N 1,688,488.67 526,674.90

KINGI 311 DA-vl? JoE MWANGlrrg rgga KARIIJ ,r, ffi," NYANGIRA t8/z/rssl ,r. i:|t,[Vt", *' t8/06/tss8 314 DAV|D OLOO OUKO 30/4/2003 ,rrff:,t:i NruGUNAl3/3/tssl :ro fiilfio MUcHrMr 26/03 t tssl 317 EL|UD OUMA GOME 75106/7999 ,trffi*, tU*t're/oolrgga ?lqFRANcls NJAAGAIt/tz/tgst --- trrus 2-'^ STEPHEN K. '"" MUNGAT ,,,y#,:ff;J o ,u/ou/,gga 322 GEORGE K. GTCHOHT 26/03/L998 :zsffflfjf^Er *'zvoysga ,r-::llf,?- * tg/ot/zooo :zsfffPr[*,o MA'NAso/oslrggs 21? cHRISToPHER J" NDTCHU MBocHE 37/031L998 ,rr ?iift NroRoGE Ls/o6tLsss :rs'ff[t* ABUKUSE 31l to/tss' 330 KANYA KAMAU 3L/1011994 331SAMUEL GACHURT t5/09/2007 ,r, l?,i: IIJUcH uNo B / os / Lsss 937,490/= 673,236/= 3,115,096/= 779,s861= 244,129/= 50,000/= 76,s9s/= 767,8101= 764,8771= 726,3631= 22,ss6/= 216,3971= 302,665/= 7,O89,927/= 882,407/= 151,176/= s0,000/= 263,672/= 46,86L/= 50,000/= 25,325,333.06 4,67 8,57 2.O2 464,495 / = 1,392,144/= 244,694/= 50,000/= 542,233/= 79,579/= 50,000/= 598,906/= 147,774/= 50,000/= 641,440/= 61384/= s0,o00/= 887,8671= 478,127/= 87,494/= 50,000/= 4OO,t37/= 877,897 /= 7,769,8301= 7,337,787/= 67,690/= 60,000/= 100,000/= 41

333 PEETR L. OPtLr 2U70/7994 ??4 EPHRAIM M. --'NJOROGE aas l[rj[ "U*"r* a:6 ilouBNTl M BUTHTA 18/ 06/ Lss6 337 MACHARTA MUTURT 30/0411998 ,rr ffi!*, *''*tgologlrggu a:s [ffiflo, '' tl/o6t7ss8 340JECONTA O. ANTNDO 24/05/7999 ,., :iiflffN orrENo t2rc6/tssl ,^r'-?,il?lt M u KUN Dr 2sl 04 / tss6 ,-rff?lft K'Bot zt/og/rggg ,*fi,'^",,:::T B/D/tss8 34s GORDON MTSANGO 3U70/2003 345JOSEPH K.MATNA 17/07/2000 :*2fl[roj^o NrArHr z8rcz/tss8 348 SAMUEL M. THATRU 37/07/7998 349ALLANKABUGT 3L/O7/1998 35oJOHN MUTHORERT 22/04/1998 351 TBRAHTM MURATHA 31,/ 721 1997 ,rr#ffio MUrEMrgr/o s/tssl 3S3ALRED K|BE 317211997 3s4 PETER GTCHOBT ts/0s17998 ROBERT W. 355 *otarucu, ,ru [frlo*r,o rtroNZo3sT6 6/tss8 357 EDWARD K. THATRU 3U07/7998 358JAM|A A. BABALA 1817617998 3S9JOSEPH WATTHAKAS/os/1998 1,436,718/= 584,266/= 10,000/= 962,4OU= t42,766/= 1,833,305/= 728,690/= 928,7O3/= 436,7711= 7,204,466/= 153,532/= 80,619/= 55,688/= 793,29s/= s0,000/= s0,000/= 50,000/= s0,000/= s0,000/= s0,000/= 720,OOO/= 50,000/= 50,000/= 100,000/= 60,000/= 432,270/= !,429,927/= 525,730/= 43,432/= 579,21O/= 107,825/= 1,280,834/= 232,9861= 970,222/= 1,149,448/= 228,r99/= 874,041/= 22,740,971/= 1,670,343/= 767,043/= 244,578/= 7,309,650/= 933,850/= 138,089/= 238,4O3/= 7OO,23s/= 207,248/= 4,O4,617/= to6,ot3/= 136,728/= 774,727 /= 799,534/= ss8,7861= 73,466/= 693,287 /= 1,17,036/= 42

MBUGUA 360 GEORGE M. THUO 3t/ro/1998 ,ur#hllt*norr, 3L/Lo/2o03 ,.r*'^"ffllY K' tB/,z/LssB 363 BONTFACE K. MASA| 37/Os/7998 ,* il:::,T:,, Blsltssl :or flff]'L *u'*orolorlrrgu aoo fiEfiifl* w'zt /totzoot 36TALEXWAMBANDT 15/05/7998 368 HARRTSON AMULr 17/0817999 369 PETER K. KTMANT 1,8/02/1998 370HENRY K. KARANJA 22104/7998 3TI FRANCTS BWIRE 3ut2/r997 ,r, ili}I,'|", t ro to6/tssl 373 WANJOHT WACHTRA 28/06/1995 374JAMES N, GTCHEHA 3711217997 ,r'|f[ffi' * zr/tz/rsg, 376 HANNINGTON KAVU 1,8/0117999 377 CHARLOTTE MDOE 31.h2/1977 378 RACHAEL KAVU 37/\2/1977 379 LYDrA MBTTHT 3L11.2/7997 saolll;nu TRUNGU3t/tz/rss. 33l BARRACK HABWE 28/06/199s ,'rl?ffi,[$- * rrtor/rnn* 383 ROBERT G. MBOA 3t/O31t998 LEONARD K. 384 tRuwcu ANDREW N. ,ru *ooJ*i '-'1es8 HERMAN G. 386 rgue un 7,161,562/= 564,7551= 50,000/= 1,531,,701,/= 768,062/= 7,223,068/= 1,2t9,O92/= 566,738/= 153,429/= 213,403/= 195,994/= s0,000/= 50,000/= s0,000/= 50,000/= 50,000/= 10o,o0o/= 50,000/= 100,000/= 100,000/= 195,2931= t8,584/= 50,000/= 79,689/= 100,000/= 201,696/= 284,30!/= 150,877/= s9,s73/= 7,426,099/= 26,s14/= 3s,9s7/= 549,254/= 286,278/= 2,227,153/= 213,719/= 41s,927/= 78,960/= s0,729/= 23,6821= 81,176/= 8,7601= 86,0681= 42,9301= 27,364/= 67,700/= 76,3ss/= 78,977,973/= 3,o71,220/= 1,760,OOOI= 43 524,132/= 300,244/= s0,000/= s0,000/=

38?]:?If. *'zt/tzttggs MUTUKU ,rrlYl'^Yf.^.. u.r/rr/rry MACHARIA 389JOSEPHKOROSST 31h211997 390 ERNEST KOSKEY 30/0611998 39I FREDRTCK KrRUGA 3UOs/1998 392 DANTEL MACHARTA 76/71.1!994 393JrM KABUE 37/03/1998 394JOB MWANZTA 30106/7998 395JOHN M. KilLU 28/02/7998 396 CHARLES OUMA 26/03/1999 397TERRY G. WALKER 28/0317995 398S|MON K. MWANGI 3oloslt998 399JOHN C. NDUATT 24/06/1998 4oolo-NIrHANN 6/o3rtss8 '-- MUIGAI oo, t**l*t' - 3L/os/tsss '-. NDUNGU NGUGI 402JOHN M. MALUKT 30/09/799s 403 DAV|D MUNGAT 20/08/2002 404 WAR|O J. BONAYA 24/05/1999 405 TTMOTHY S. KilLU 3/t2/1997 406 tsAACK N. NGUG| 27/06/2000 ooz lu-tl'-s *'so/oolrrra '",MBUTHIA oosll9lll? s zt/tz/rggt '-- KTLONZO 409 MARTTN NJOROGE t8/O6/7998 410 GEORGE N, KARTRU 30/04/7996 411S|MON K. MBUGUA 3UO3/1998 412 DTCKSON NJOROGE t3/72/7997 413 CHRTANT KTNYALE 9/06/7998 414 PATRTCK N. KTMATA 78/06/L998 4IsALFRED B. OBUNGA 1s/O3/1996 oru^"t - ANGAWAMAY 2oo3 '.- ONYANGO 417 SAMUEL KAHUNYO 3O/061799s 418 DAV|D KAMANGA 3OlO4/7998 419JOSEPH K. MBUGUA 22/071200 480,966/= 750,582/= L7,768/= 50,000/= 708,553/= s06,o991= 50,7296/= 469,032/= 128,8471= 517,602/= 567,644/= 383,0L2/= 367,044/= 54,935/= 91,Os6l= 30,9841= 72,462/= 84,O70/= 132,938/= 381,873/= 32,2261= s0,000/= loo,ooo/= s0,000/= s0,000/= 149,473/= 48,317/= 194,835/= 50,000/= 735,939/= 740,925/= 100,000/= 205,41,5/= 46,677 /= 50,000/= 44 803,229/= 7,758,824/= 9s,868/= 786,632/= 749,258/= 7,155,927/= 999,247/= 260,O4O/= 908,7s71= 1,249,200/=

420 ROBERT M. KTTHEKA 3t/031t998 42l STEPHEN W. KANYI or, l,?,lo*ou wAM BU I tlrc2/ :r,s8 423 PETER THEURT 7lO7/1998 424F.M.GATH|RU 3lt2lt997 425 KTTEMA KTMULT 37/LO/7994 oruff'r'fl, TRUNGU 26/03/tssl 42TPETERKTHARO 78102/1998 428 MAHARTA RERA| 78/02/t998 ,rr;3ffi,1' BENS.N 2s/04/zoo3 aao [ff,D* MUCUNU 26/07/7ss4 orr'*]ffi u MUHUNT 22170/ Lse4 432 JOSEPH WANYAMA 181O6/L998 ,r, ffi|,)ffo *Do*orggg oro'*ffjf ' KTPNGETTCH 3 o /o6t tssl orr ffifdflf "* zo/i.ttrss8 ,r.J#-Ti:u wAMAr 26/03/ tssl 437 MUNENI KIRUBU osa IEIEft uo MATTHYA 3ol 06 I rss6 or, flffitfro, MUcHrRr B/06/tss8 ooo[ifi*, HUMPHREY 44I FRANCTS KtMANr 30/0611998 *, ['r?[['-r KTMANT p/07/tsss *,:li|l,:: Mo'*ozrloolzoos 444S|MON M. GTCHU 22/0511998 445 NJAMBI NGAARA 446 LEONARD KrrUMBA2l/0612000 4O7,680/= 7,008,L82/= 633,600/= 7,409,574/= 7,277,260/= L4,650,687/= 786,645/= 475,881,/= 280,7O7/= 7,753,176/= 180,858/= 68,325/= 60,000/= 660,000/= 73,017/= 268,442/= 83,339/= 274,1,29/= so,ooo/= 100,000/= so,0oo/= 76,324/= 49,s861= 283,8s1/= 50,000/= 100,000/= 70s,2741= 23L,!03/= 44,67L/= 361,,866/= 443,257 /= 61,094/= 777,687 /= 35,a60/= 8]-s,236/= 519,758/= 72,995/= 50,000/= 468,533/= 130,074/= 7,208,923/= 576,525/= 22O,258/= 45,938/= 50,000/= 45

KAVULUNZE 447JOHN MWANGT MWANIKI 44S sAMMY KTNYUGO

• KIHUNGU

449 PAULINE WAIRIMU 450 DAVID M. KITAKA dq1 PETER MUTET '-- KTLONZO 4q? EDWARD MUTHUSI '-- MUStLt 4q? SAMSONM MUASYA .-- MUTUNGU 4s4 DENNTS KTNYUA NYAMU 4qq MtcHAEL OKUMU '-- LAZARUS OPATA 456GERALD KIBUTHU 70/72h999 779,939/= 3t/03/Lss8 2/72/7e97 7810611998 7sl06/Lees 7e/70/7ee8 37/12/1ee7 6/Os/7ese 23/03/1se8 22/04/7e98 39O,370/= 923,188/= 87,9t8/= 266,429/= 789,807/= 379,583/= 72,875,07/= 329,6471= 7,230,476/= 304,975/= 23,066/= 63,367 /= 70,315/= L24,498/= s7,706/= 17,298/= 37,1.341= 2,0t7,!07/= 8L,64sl= 226,1s21= s7,936/= too,ooo/= 50,000/= 50,000/= 50,000/= 100,000/= 800,000/= 100,000/= s0,000/= 50,000/= 457 DANIEL NYOIKE NGANGA 4ss:lllilouPHER zz/04/7ss8 .rr:[,LitX MUNYTRT 2o/03/7ss8 460ffivJDAr NGANGAgo/06/7ss6 d61 PETER KAR|UK| '-- NGIGt ,-. oNESPHOROUS K. *ot KARTANJAHT 463JOHN KAMAU a6a JACKSON KtVtUtTU '-.NGUNZE ".r i'^ti:i MAKUMT WILLIM K. 466 rrrcr,, 467 Joo#oco Bw AA zs/ozltggs 468 SAMMY WANJOOHT 37/03/7998 26/03/7ss8 30/04/79e8 17/Ou2008 22/O417998 3lO7|2OOO e/lsl1.e9s L99,727 /= 308,467 /= 144,4r91= 74O,832/= 107,742/= s0,000/= 100,000/= s0,000/= s0,000/= 7,731,9471= 643,836/= 7,016,293/= s81,0s6/= 1,087,307 /= 7,020,t95/= 694,446/= 682,069/= 3,009,242/= 677,598/= 276,6901= s0,000/= L24,417 /= 50,000/= 16

469 470 471 GITHINJI FREDRICK GICHUMA KAGWAINI ALBANOS KITAKA MULWA MWASYA MULIKO 3u03l7ee8 2LlO6/2OOo 883,142/= 30106/799s 622,339/= 3L/70/7994 672,069/= 30/03/7ee8 6/09/7999 99,8881= 76,425/= 30/06/7ee8 34s,8141= 3t/L2/1997 763,155/= 98,3391= 100,000/= 1,8/02/1998 173,056/= 33,728/= 50,000/= t8/06/1998 7,735,309/= 197,216/= 50,000/= 3U031t998 265,2s4/= 29,437/= 472 473 474 475 476 477 478 479 480 481, 482 483 KATHUKU CHARLES NJOROGE MACHARIA JOHN GICHOMO NGIGI FESTUS OWINO ODANDO BENARD GITHAIGA GITHUI BENEDICT MBILO JOHN RAHAB MUKAMI WANJOHI GEORGE WAWERU KIMANI DANSON NYAGA NGARI :lffiXt-1| MBURU 3o/to/ rss4 DAVID KAHURATl / KTMOTHO 3L/081L998 zAcHARIA lNJELULA 37/ 72/ 7997 iilfi "t*orr/,ottsss 352,806/= a85,aO8/= 78,207,321/= 473,689/= 684,073/= 53O,482/= 770,22O/= 783,518/= t7o,9o7 /= 2,607,773/= 750,ooo/= 7L3,732/= 50,000/= ss,s77/= 484 fffisAr No'*o*n' r, I os I TssB 485 PAUL MUrYA MUrA 19110/1998 486ifffff KrMANzr2s/07/2ooo ^r,iliiitjt KA|RUrs/oolrgss 488il|ff;A'*'NGUgr/03/7ss8 489SAMUEL THUO11/05/1995 47

KIMANI 490 JEREMTAH MJLANDT t8/06/1998 -r, ili:lilt# KARruKr 2src2l-ss6 4q? PETER THIR|KWA '"- MWANGI orr'#511r*, KrNUrHrA3l/ Lot tss4 .r. HLTiit, MUSYoKA 31l t2/ tssT 495 GEORGE MWATHT 24/05/1999 496 NDUNGU NJOROGE 37/70/7994 4r?filEcsuR, *''no'ro /o6/tss8 osa ftj|f tt MBURU 26ttotzoo1. or, fl-10-M MURruNGr 20/03/2006 .-- NCEEENE s00TrTo KAKULT 26/03/7998 S0l KEFAH ANYANJE t8/O2/1998 soz f ff'fl o,u, J*o* o' Ls t os t tssl roaffifi[ *t'*urz/oztrgsa uoo ir',1il,r* o*"o*tr, lo;/2ooo s05 MUTHUT MUSYOKA 3t/7017994 roelfj[oN MUrGAr2o/o7t2ooo rrr l'rt^tlt MBAY, rsloolrggg 508TAABU ALr GUCHU 2/7217997 ror$offff" ott za/rz/rggs rroffi* wANDERE 7s/os/tss' 5II ESTHER KrNGES| 30/08/1,999 FRANCINAH 512 NUGUNA 1,8/02/1,998 ICHAGICHU 513JOsEPH KrO25/04/2003 724,328/= L31,803/= s0,000/= 262,446/= s,o34l= s0,000/= 268,026/= 69,1,35/= 378,897/= 4O2/8241= 1,796,298/= 433,704/= 674,778/= 123,382/= s2,644/= 63,9s6/= 573,932/= 74,205/= 83,28e/= 7,686/= so,o0o/= t43,8O9/= 306,442/= 100,000/= 284,309/= 60,205/= 50,000/= 302,962/= 69,044/= s29,1,111= 3O7,699/= 261,719/= 91,635/= 80,677/= 40,677/= 623,OO1/= s0,000/= 3,054,647/= 30,000/= 48

5L4 MUTUNGI PATRICK KIILU 30/08/1999 26/03/79s6 MUTUA -.. DANIEL MUTUA "o MWANZTA .,.,TITUS MWANGI ,,, KAMAU 518 FRANCIS KAPALA tr1o JULIUS NDUNGU -'- xtrvvun .",.,JOSEPH NTHIWA ,., NTHUKU -^" ROBINSON tt'oDHIAMBo 522 SILAS OKEYO ASKO -^- FRANCIS MBAI t" KTTELA qTaJONATHAN -- . KAMANDE THIRU PETER WACHRA 525 *ruru 78/Oe/Lse8 18102/1s98 02/06/79es 2u06/2OOo 7617L/7998 3u70/tse8 09/11/7998 3u03/1es8 22/0slt99s 238,372/= 7,933,457/= 283,86!/= 285,623/= sgo,294/= 577,627/= 83,s771= 89,349/= 1oo,o00/= so,oo0/= s0,000/= s0,000/= 7,422,243/= 72,568,926/= 513,956/= 158,525/= 2,667,733/= 43O,OOO/= 19,052/= 50,000/= 378,7L0/= 50,000/= 66,Osu= sr6 iEGHD;ilEKALr Lstosttss6 s27 JOEL MUA ULANGA 3olo4l199s s28 NZUKr MUTUA 3O/04/199s GEORGE MUINDE s2e;;;;; " - ---31/o3trss8 s3oiiPJliN MWANGT tsrc;r-:lss DAVIND KANYI ur. Ii,'ri[*o, ^^'" " 31/10/1ss4 s3, ilSTRE wAcHrRAls/ to/rssl 'r, fl??',ff; rl*o'u' o' / 06/ tssl LAWRENCE KINYUA s34;;;;;;- -'L4/02/tses s35JOHN GATE|3l/0sl1998 799,787/= 919,6s9/= 466,285/= 442,537/= 80,O9Ol= 50,000/= 177,870/= 76,7981= 7,508,762/= 472,194/= 733,7s21= 230,522/= 31,258/= 49 515 MWINZI MULI

NGANGIRA 536JULIUS MITHYA 537 MWANZIA MALUTA trro BEATRICE KIBE "'ATGUMo c20JOHNSON KARANJA --- xnuau s40 SwYNNERTON NAZOIACHALA qd1 LAWRENCE NGUGT

• .. NGANGA

542 BACHO KIHONO q4? STEPHEN GITAKA -'- MWAURA q44JOSEPH ABUOGA

• . .OKEDAH

1810617998 785,L7O/= 774,709/= 3uo7/2oot otlos/1ee6 sl02l2oot 19l1.L/1ee6 70l03/79s6 30l06heg6 t3losl7998 L,966,871/= 465,542/= 183,284/= 8s7,s491= 1,104,682/= 7,O70,L711= 76,175,270/= 2,663,046/= 62s,794/= 6e,28sl= 169,876/= 8,201/= 36,372/= 106,107/= 7,172,764/= s0,000/= 14,OOO/= 574,OOO/= 545 JOHN MWANGANGI MWABU 20/Os/7ees 37/tOl7es8 28/06/7ses t8/02/1998 70/03/2006 17/08/Lss 30/06/7996 24/Oslt999 78/02/7e98 546 q47 soLoMoN soNYt

• " MUTEMI

548 SAMUEL NGANGA q4q PETER NDETT -.- KITUKU __^ JOHN NDEGWA "u NGuRtBu .EI ANASTASIA NGINA ,,, MULWA --. CHALES MURIUKI tt'GATHURn --^ ADRAIN KANGORO t" LnTKURU qqa NtcHoLAS TRUNGU -- ,GICHARU ___JOSEPH NYAKUNDI tt'NYANGAU __. DAVID NJOROGE tto xAMAU 89,4351= 50,000/= 53,502/= so,ooo/= 23,820/= 3/06/1,se8 28/061799s 462,024/= 50 PETER GICHANGA MUTHUNGU

557 OMAR ALI AHMED 558 MOHAMMED 559 s60 KOMBO PETER NJUGUNA MARARO CHARLESTONE MBUVI 2/1211997 707,697 /= 11,51,51= 100,000/= 31,17211997 661,670/= 1L5,227/= 100,000/= 37/07/1998 266,236/= 23,845/= 30/06llses s61:IEB?RGE KARluKl3l/L2/tss7 562 JEREMTAH BATBAYA 28102/7999 563JOHN AUPDO 22/0411998 s64 CHARLES GATHUTHT 28/02/7998 s6s r#:sHo MWANGI 21l tol tssl wYcLlFE GESlcHo 21lo 6/2000 'oo MoEMr s6?iHXo "*oGEzli.o/rgss r.riH,'"? KtARtEz/r.rtrgg, ... MWINYUI JUMA 'o'wAzrRr rrriliJff KASTNG 7srcl/tsss szr fiEjf[ro MWALUGA2l /02/2006 rr, ffitos MGWILI B/06/1.ss8 ST3FLORENCEMUSAU 7810617998 q7d BENSON WAWERU -. 'KIRAGU ._,. SAMUEL NJENGA '''GACHEMT sro f)f$o*, "*t t3/os/tss' 5TTJAMESMICHtNO O9/O4/t998 szs frfff rM wAcHrRA3l/07/2ooo sTgJOHN KrNGr ts/Os/1998 7,746,723/= 1,746,723/= 536,808/= 893,822/= 537,722/= 7L4,649l= 50,000/= 3t,59ol= 78,729/= 827,792/= 2,425,77L/= 996,778/= 200,000 2,080,846/= 965,888/= 100,000/= 344,s73/= $0,76a/= s82,32u= 272,93u= 75,453,103/= 180,34O/= 760,O3O/= 14s,94O1= 64,7031= 4,590,778/= 79,773/= 200,ooo/= 7,000/= \,556,354/= 376,683/= 1,393,808/= 64,2L3/= 50,000/-- 51

580 KTMWELE KTMANZT 3tl14/1994 s81:ErffhGA KTMANT 1,8102/tssl s8rlHU;, *o'*'*ogl07/2ooo smf[[[ErH GrcHrNA3l/1 2ttss7 584 NAPHTALY KUNYTHA 3lt2/7997 sss lljclrAs *DUNGEsT/r 2/Es7 586 PETER KTMATA 30/71/2003 "riliili[^''''*rolorlrr* rar ffiffit wAINATNA 18 /06/tss8 rar[ffirt't MArNA:o/os/rgga 590 MUTETI NDAVI S9I PER|S OGANDA 20/06/1998 592 NTCHOLAS KARANJA 78/0211998 593 MARY KABTRU 31./O5h998 rr-'-::i, NGoNDUl-l,/o6/7ss8 'r'ily^|,}^?l[*^ o6to3/tss6 *ulffff't MUTNDTET/rolzoos s97 BENSON KABUGT 78/06/1,998 sgSJOHN KrBE WANJA 281021199s rrr;,'r"rX:.i "'t''gr/oslrg* ooo [,[[jf REY N' ,sloz/rggg 601ALBERT N. KTHARA 3UO7/t998 uoriiffor.o THATRU t8/oe/tss8 -.- DANIEL NJUGUNA bu3 ruGnruGa 604TUGAA rDr lslos/1998 sor'f$'os*r, MURAI tl/06/tss8 833,390/= 743,048/= 237,695/= 7,569,757 /= 1,353,878/= 776,680/= 163,155/= 13,80s/= 493,759/= 227,757/= so,ooo/= s0,000/= s0,000/= s0,000/= 50,OOO/= s0,000/= l,OOO/= 100,000/= 150,000/= 297,595/= 2,491,7971= 953,287 /= 100,000/= 59,5631= 77,833/= 3O,OO0/= 792,7301= 36,8s6/= 72,340/= 2s,oool= r,580,949/= 738,t88/= 689,Os4/= 196,632/= 7,037,222/= 482,686/= 290,5L1/= 76,034/= 596,462/= 39O,4741= 78,88s/= 83,462/= 52

606JOHN MAINA 607 cosMAs KroKo MASEE uo'ilUIH,l,oo, 609 ELIJAH NJUGUNA 3u70l1ss4 3010617ee8 778,047/= 30l04l1ee6 2t/06/2000 982,019/= 49,L49/= t6,498,282/= 720,532/= 257,492/= L59,287/= 3,700,4O7/= 756,OOO/= 1s,306/= 100,000/= 610 PETER NDUNGU 31.h0/1994 61 1 f;Ejl\yAr}'o"o r, / 72 / Lssl 612 MWAURA WARUA 37/05/1995 -. _ JORAM MGANGA O,, MWANJALA ur.*olf+ur:A H'2/tzttssT HEZRON u" *ro*oioNr KrrsAU 2lL2/tssT 616GEORGENZYUKO 2lt6/1995 ." - MARY AUMA o" oDoNGo 618:i;E[ t''"ogrlro/rss4 61, ilH:lNr, *'U*arl e/tss7 620 MUSTLT MANGULU 30/09/7995 621 ilNsHoME MANYATA 17l 02/2006 622 ALBERT MURilTHt 3172/7997 ..^ SALIM WAFULE o"wABWTLE DICKSON NZOMO 620 "tutun MUsYoKr 625 NASHID DICK JAMES 626JAMES T. CHEGE 31,/Osl799s 267 GERALD M. KAR|UK| 27/06/7998 FRANCIS M urt rrorro '-" 19/10h998 629JULrUS M. KAMAU 78106/7998 630 MBURU NGANGA GATHIMBA u" roa"o*,o 30/04/1'995 426,260/= 874,286/= 627,639/= 18,862/= s0,000/= 452,79O/= 7,209,341/= 555,050/= 777,616/= 63,359/= 50,000/= 72,629/= 268,53L/= 60,000/= 100,000/= 7,100,584/= s3

.rrJ_i'Jlx MWANGT .r, lt#:l? KTPLAGAT 31/ to/ tsss 634 KAMB| MWtNYt 3t112/7997 oas!ffi|* MArANo3l/12/tss7 636 GERALD G. MATNGT 22104/7998 .rr ffiiflt^ w'zr/oa/zooo 638 FRANCTS N. G|TAU 1,s105/1998 oss [t!,[]cEM urHoN I ts / os / Tsss 640JOSEPHONDTEKT 3tho/2003 6a1 EDWARD MBUTHTA

• ,* WAITHAKA

o.z fliffi, MUruuRA 64?JOSEPHAT MUTUKU -'- MW|NZT GEOFREY 6oo ,rtuturuMUTrso 64q JOSEPH WACHTRA

• '" MUNENE

646ALICE K. MUNYAO 6d7 JUMA ABDALLAH

• " wAztRt

648JOHN NJOROE MELECKI W. 649 oootrtco JEMIMMAH 650 *nrut,Rn 651FELIX MAINA 652 OWEN J. MBUGUA ._ CYRUS MUCHIRI b5'TANYANGo -_. MARY VIOLENTINE bto nNYANGo 1,194,467/= 637,977 /= 341,476/= 90,07s/= 100,000/= t56,165/= t,202,0241= 7,018,428/= 76,818/= 354,378/= 232,714/= 10,000/= 70,673,513/= L,455,266/= 42O,0OO/= 311.2/1997 1,270,534/= 18l02/1998 10,000/= 31/L0/1998 945,665/= 140,705/= 50,OOO|= 1.8/O2ltse8 3h2/19e7 31,/10/1994 30106/1e9s 78/06/7se8 509,1.49/= 78,2411= s0,000/= so,o00/= 688,535/= 7,381,323/= 2t8,196/= t8/02/r9e8 18/06/7998 2s/04/2003 297,2401= 1,059,313/= 44,7841= 4s,749/= 295,959/= 7,397 /= s0,000/= 50,000/= 2s,oMl= 09/06/1998 54

ur r :,'*ortf$fl, MArH EA 78 / 02 t Lsss 6s6ffiX[::' * B/ozl-s,ga urr llL}^u]^ tottz/zot4 MWANGI .rrHit:lilro *u"'r, t72ttss7 659JOAB ATTE OKADA APRIL 1998 660STMONMAKAU 78/06/7998 oor $fuflcE AP'to raloglrgga 662 KARTKT GACHOKA 19/7017998 ..r;l||fr:i M zatoztsga ..-l';'lrffHffi B/olnss8 ..- STEPHEN M uur Li-*io "" 18lo6l1es8 . -. JOSEPH MAINA ooo GtrHrrv.lt ..rl?ililT,il a 2s/7Lttssl ooa ffi'jlo KTPLAGATIs/ 07/tsss ..rlit-'Jrf AR*P zz/ro/rggo 670SAMWEL R. SUTYON 18172/7998 RICHARD KIPTOO urr lri*riror '-- Ls/07/Leee WILSON 672 CHEPKWONY ARAP 22/0411998 RUTO 673 JOEL KTMUTAT SANC 26103/1998 .,o::[|,lLT M D/oet'gg .rr fHI[t , LUMrrr zlrc3/20o6 uru [[ifo TERoME grlr 2t's7 375,6321= 75,5311= 2O,OOO/= 100,000/= 777,459/= 34,687/= 7,559,967/= 539,7961= 1,530,368/= 94,808/= t7,893/= 113,789/= 1,290,346/= 24,123/= 10,000/= 74,4O8/= 253,208/= 7,87O/= 23,306/= 7s,oo4/= 270,e96/= s0,000/= s0,000/= t0,ooo/= 10,000/= 535,044/= 50,000/= 50,000/= so,ooo/= 28,68u= 7t,893,363/= 1,193,777 /= 98s,180/= 99,83O/= 1,782,21.3 s9,L47/= 7,528,834/= 223,6891= 245,935/= s4,3s7 /= 327,607/= 55

6??P^ly,L,^,. oMBUI 37/to/zoo3 RASUGI.J 678 PETER N. GTCHANGA 1/07/7998 urs ['So, NroRoGE 3ol osltsss oaoffir'jr, "'orrto6/tssl -- DOMINIC G. oot tHnRnv,ro u'rl,ffSo ""^rr/or/rrg, oae fffiolu r rr*''o*' ts /or/ tssl urolt',,io, SERENGE31/1 olrss4 685JAMES Z. tTHUMBT 37/72/7997 oao fltfiff|fuo, M' zltzltsst ra, fl]ffit *'r, /06/2000 oes ftfrf * M .HAM M ED 02/ t2/ Lss7 689JOHN MBU| NYAGA 3tlj7/1998 osoffiffiYno PAULo tsrcLttsss 691C. K. MBERTA 10/1,2/1999 ut "#i',lro, *r"' n'o " / 72 / tssT 693 FRANCTS KTNYANJUT 17/08/1.999 .r- n'r'ffiX 2/L2/Lss7 osr ffi'|'r*, GlrHlNrl $/l2/i.ssl 616il|;Ti:' NZEK|:o/oolrggs oszlo;ioEfl[o *G'G'sr/rolroo, 698JUMA MZEE ALr 28/LO/1994 ur, ffi,['j'BUGUA 2/1,2/1ss7 700JAMES PAUL7slO6lt999 668,1.83/= 299,699/= 50,000/= 493,247/= 774,732/= !65,373/= 50,000/= 188,293/= 329,0431= 441.,097/= 284,416/= 502,829/= 23,373/= 94,799/= 50,000/= 76s,402/= 283,72u= 36,833/= 10,000/= 787,888/= 737,564/= 287,31O/= 969,752/= 496,972/= s88,87u= 164,887/= 875,975/= 727,544/= 17,95s1= 23,8O4/= t7s,7361= 108,8s6/= 8,3s6/= 7s2,363/= 100.000/= s0,000/= 60,000/= 56 21,078/= 50,000/=

701 702 703 OSIDIANA ISAAC LESEREWAN OLE NAIKUNI WILLY MBURU THUKU LUCY WANJA KARIUKI 107,392/= 26,785/= ?04 i}ijcE WATTHAKA 31 Aot tss4 ?osillfffEl MUCHAT 1rc3/7ssl 706JOSEPH M. MUTIO 27/04/7975 ,0, JOHN RTGUGA MUREHIA ,* H?Tff KURTA u/ot tzooo 709JOSEH MUSUMBA 31/70/1998 ,ro ['fff r, 'U'UA rslozlrsgg zrr [,[ffi HAMrsr 2s/o3/7ss6 712 ALt SALTM MTSUMt 3U72/1997 zra [orfrt,*' MUsYoKA3l/ 7o/2o03 ,rrlff],iflH $/os/zoo1. ,rr ['o][[*u r*o*t*' r, / 03 / Tsss zro[[['*cENGILA 26/03/tssl 717 RASHTD M. KUSEMA t5lo5lt996 718 THOMAS MAKOKHA 1,104/L998 71o PETER NGOCHI "'KAMAU ,ro i,,'ot*lllffo.rro 3L/07 tlsss ,rr'fj[fo ruMArc/oqt-ega T22AHMEDMWTRA 31/Os/199s 723 NASIR TIMAMI DEC. 1997 7s/02/1998 672,102/= 13,753,411/= 866,748/= 7,696,336/= 7,271,373/= 88,s24/= 2,222,O40/= s0,000/= 620,OOO/= 248,344/= 435,379/= 828,477/= 1,396,304/= 1,278,998/= 997,312/= 34,256/= 78s/= 30,000/= 671,s041= 1.27,2831= 351.,409/= 145,888/= 48,442/= 293,566/= 22,941./= 57

724 725 726 727 728 729 730 73t 732 733 734 735 136 DUNCAN M. W. KINYEKI ENOSH KANYARI THIGA STEPHEN MWANGI KAMAU TITUS OSUMBA OGURO MORRIS ONYANGO OCHOKA ELIJAH IRUNGU MUKUHA TERESIAH MBITH soo JOSEPH NDEGWA NDARATHI DAVID NGUGI KAMAU TIMOTHY MANZI MUTEMI ALBERT KIHARA MWITHIGA JOEL NZIOKA NDAMBUKI SAUL ODIDA OGANGO 3r/70/7998 579,735/= 86,398/= 60,000/= 30106/1998 1,429,787/= 206,6O3/= s0,000/= 7/Os/7ss6 37/07/1es9 31/07/7998 680,864/= 21,107 /1994 3t/LO/7998 479,655/= 87,777 /= 60,0O0/= 30/04/1ee8 6/07/7999 578,896/= 702,277/= 8,130/= 1,8/06/t998 1995 37/72/L997 883,749/= 2L5,1271= 150,000/= MICHAEL 737 MACHARTA 3OlO4/1998 MURAGE ,rr lt:t#;t' AYTECHA 31/1 o/ Tsse 739JOB KENYASA 3tlo7/2OOO ?4onvJ?oH, *o'o'r, /os/7sss ,-, it}ltJ, NTUGUNA 31/osl1ees ?42 #;iNc, *o*" rrl 07 trssT 743ROBERT OTIENO3T/72/7997 Ls,693,976/= 1,288,757/= 368,3L5/= 824,267/= 4L5,t23/= 283,256/= 8L9,707/= 7o7,784/= 100,000/= 173,674/= 50,000/= 58 3t1761t998 889,256/= 708,763/= Lo,OOo/=

OBONDY ?44r^?:,E-::.^ DED^N zrttz/rggt OWENYO zos )'I?1. ^ KABAGE 2 8/02/LssB KARANJA 746 MAURTCEMATN BEN 3UO7|2OOO ,or l?YlL? . *'t"30 /06/rsss BULUNGU ^tfiL'r'3i MBUTHTA ,or lf]51^ GrrHrNrr 3o/04/zoo3 IVIAINA zsolEjf[^, MUNGAT 3t/oTttssl ,r, ffi't* *'*'u tr/o-rlzooo ,rr3.1T,??). otoo.,./or/rr,n MUHASA ,', :lili:Tl"Tr*o 37t72/tss7 ?s4 ;iYyY MUrUNGA3l /03/rss6 ,rr',l,yr? ,f; uru o N GA 30 / os / TssB ,r. ir",IIffE NzuKr3 1,/ost1.ssl 7s7 KrSWrLr NDUNGA 07/05/1996 ,trffii[ NGAIAre/ozlrggs ,u, ffifl'o*,, *Xot'' o r, / 72 I 7ss7 T60CRrSPtN NDEGWA 30/06/t995 --- JoNEs MWANZ|A3l /03/1996 'o'MBrTl --- JOSEPH MUTHIE 'o'KruGE ,..i1:?3:[ G''oUro/osl,sro ,* i[ir'^::[ toto*ol/rol: ggg 76s JONATHAN 31,/03/7998 56s,7271= 416,640/= 537,202/= 390,769/= 58,e99/= 1,152,484/= 3t7,282/= 1,073,1.49/= 7O,OOO/= 26,868/= 68,287 /= 100,000/= 1.1.,286/= 2o,ooo/= 30L,778/= 67,592/= S0,000/= 25a,0a31= 50,000/= 1,851,878/= 2,078,953/= 933,s741= I,436,1,29/= 8\0,262/= 927,t68/= 652,067/= 9to,93O/= 1,L1.3,491./= 744,989/= 100,000/= 222,772/= 5O,0OO/= 94,574/= 50,000/= 60,330/= 74,606/= 455,349/= 60,OOO/= 59

766 767 768 769 MUITHYA KILILA JOHN IRUNGU GAKUYA PAUL MARTIN OWUOR HENRY MUASYA MUINDE STEPHEN MUSYOKA MWAMBI EDWARD ISAACK OLAKA FRANCIS ALAMISI MWAGAMBILI PETER RIUNGA NYAGA FRANCIS GIKINGU NYAMU ROBERT ROGERS KABUBA THAIRU PETER KIMANI 18,O24,406/= 2,277,923/= 630,000/= 28102/1ss8 37/07 12000 7,588,206/= ??o3E#it[rN BEDAH 77:_PAUL NJOROGE MWANIKI 772PETER NDETIGATI 371031t9s6 31/12/1998 70/03/2OOo 37/08/7999 3L/10/7994 3r17217997 485,006/= 4,621,966/= 7,385,506/= 874,639/= 446,390/= 134,620/= 2,184,835/= 100,000/= s0,000/= 773 774 775 776 777 778 30/0417998 439,227/= 6L,6ss/= 31/7711998 627,326/= 86,747 /= 50,000/= 67,1.49/= 7,683/= FEB 1998 70,ooo/= 3L/L2/7997 3L/0317998 346,734/= 69,829/= 50,000/= 37/07 /7998 325,963/= 67,194/= 50,000/= JUNE 1998 779 780 787 782 783 MUNGAI EDAH NAISIANI NAIKONE JOSEPH NDUNGU GATHARI SAMUEL KIPKERER NGETICH JOHN MUCHIRI NDUATI WILSON NGANGA WAMUHA ,r. ilitJli^'|A MWA, 3o/i.6/tsss 78s MWAr MACHARTA 30/04/199s 786 PAUL MWANGT3l/07 /7999 143,682/= 60,000/= 79,3081= s0,000/= 60

NGATIA ,',il5?ffi,t, *'*"'ro t7t/tsss 788 KIOKO MANANDI ,asf*|if' KATNYU zr/rz/tggt ,roffilfs FRANcrs3l /,3/rss' ,rr'oooXt, *,o KARANTA 3 1/o 5 I tssl ,sr[!j'$*o KANrNraoTosTrssa 7q?ABDALLA *'*o'olt/to/tggo '" oMAR ,ro lo_*1, K,roRA zr/rr/rng, ,- .MUGI TotrJUDAH KOVO '" MWANYTNDo ,so ffifi o, KoNANGEos/ os/ rsss 7q7 PATRICK MUEA gt/tzltggl ''' vata GABRIEL 798 MWANGEMT 30/0411998 MACHIA T99AQUISIO GITAU 800 MTcHAEL OLUOCH 37/70/1999 aor ffifio*r,*oto''' r, / L2/ 7ss7 802 FAR|D SErF AHMED 3r/O7/2OOO aorffi!fficrE^*, 3l/o3tLssl roofl'ffi^, KoHlRosr/rolrgg, ror'ffij|r'*^ro/oulrooo 806 NYENGE NZINZI rr, il:i'.t^ MURruKr3l/o s/zooo 808CLEMENT OGOLA30/04l199s 683,58\/= 60,782/= 281,686/= 1,625,082/= 879,997/= 388,74O/= 75,066,771/= 250,833/= 963,0921= 360,333/= 199,936/= 29,490/= 43,808/= 3s,72s/= 2,943,976/= ts,ot3l= t8s,34sl= ts6,77s/= 77,2481= t0,000/= 60,ooo/= 49O,OOO/= 10,000/= 50,000/= s0,000/= 7,118,521/= 308,810/= 674,228/= 3,258,830/= 1,732,276/= 100,000/= 7,626,913/= 563,9O4/= 467,583/= 100,000/= 6T

ORINDA 8orilfl['N?, *''o*', 1,t1,0/tss8 rro'^o,jll,' KAMA|sr/rolrggg GITAU 811|SAAC GTTAHT MATU 3OlO4l20O3 8ui:Ji:A'U*Uar/orl1sgg trrffi KAIBUNGA2l/tulsss ara fiEjffi TRUNGU ttt ffiro NJ.R.GE30/,4/LssB sro fli|,^ KANGETHEH 3 uo3/tss8 PIATRTKC 817 LUMUMBA 30/06/2000 MUSONYE rrr'.ff[',^i, KARANTA3o/o 4/zoo3 rrrfijflo 'rEPHEN3l/o3ttss8 8ro ilJf'K'oM u KWEN zE os/ tL / tss4 S2l clmlsPlNUS DoME rar 2oo5 rr, [!f*'t oRARo rl/o;rrssl s23ATHANUS NZAU 07lo4h989 ,ro'nllitro* N D E N GWA 02 / i.z / Lss7 "t irt'IlX,?-, oo""o /04/2006 rru ffiT,ll*, *oo*oo rrlo 6/lssl 580,543/= 100,000/= 2,151,620/= 79,t72/= 6!2,851/= 70,000/= 292,416/= 233,641/= 24,984/= 50,000/= 879,126/= 733).50/= s0,000/= 7,O25,3O4/= 179,095/= 443,5t8/= 223,294/= 100,000/= 456,843/= 727,572/= 55tl= 827 828 GRACE MUMO 829JUMA A. RAJAB L8/02h998 7s/7211997 ROSE NUNYAO MUNINI !,200,460/= 79,243,862/= \,074,560/= 1,575,820/= 769,427 /= 2s7,r321= 4,182,299/= 762,249/= 267,246/= 126,6e2/= 1,745,035/= 1.,071,40s/= 149,632/= 156,3071= 27,497/= s0,000/= 570,557/= s0,000/= 62

aso irDEJ;liJ KANYTNA 3u1 ol rsss e:rff,fo |RUNGUzorc3r-esl rrr[[i#: *'u'zt/oa/zooo 833 ONCHOKE MAOBE 7810211998 asq119,1, so""taltu2ool KARIUKI 835 FRANCTS NGOTHO 1,5lO9l2OOt aao'ffi[s. MURAGURIoI /os/tssg 837 MUNENE MEJA 30/06/7998 'r':103:H o .r,toarr,ga s:s ffifllcf, * zotog/rgru r-. X,fffft o** raloolrgss ao, flffl[*,r GTCHURA ts/t2/2o03 *rIf';X,'j *"'ooo/ozlzors aa: ffiLffo KTRAGU 2t/o6t2ooo 844BOAZ OMOLO 79/07/7998 a*s'ffi[o, MYUrU 78/02/tss8 846 NTCHOLAS NGANGA 3L/Os/7998 rr, ill['^] NGANGATa/o 6/7ss8 848 PETER KIANGA JUNE 1998 S49JEMTMAKTANGA 30/06/1996 850 CHARLES WASUNGU 27/07/1998 arr ['oci, MUrHoNl3l/ o3/7ssg S52NGARTTHTGUKU 26/0311996 oE2 MATHEWS MINIRE "'wATRUGU ruo $fffic' o'tYo ,r/or/rrn, 572,766/- t85,462/= 653,984/= 325,8281= 256,t52/= 657,720/= 349,676/= 1,129,417/= 944,994/= 233,360/= 1,358,764/= 97,4371= 50,288/= 743,348/= 37,4631= 2s,867/= 72,720/= 131.,025/= s0,000/= s0,ooo/= s0,000/= s0,000/= 27,598/= L,126,5981= 265,876/= 7,759,967/= 468,444/= 63

85s MICHAEL NJOROGE KARIRU -_-JOSEPH NGOVI oto MAsAKU ssz lfoSfAS MA,NA 858 DANIEL KISINGU oco PETER MWANGT "-'cuorun .- BERNARD KHAMALA oou oMtro 3t/0s/199s 394,485/= 37/7211997 696,408/= 76,757/= 861PAUL M. MU|A t9/10/7998 r.r:t-:[il' o za/oq/Egs 863JOHN W. WATTHTRA 23lO4l2OO3 864JACK AGUTU 18/06/7998 rurlr'J[r*, NJER|lTTss/1eee 866 KULUMBA NZAU 3L/70/7994 867 PATRTCK N. NZTMBT 30/06/1998 aos['jfu'[r* B'zt/os/zooo aosffiff* *'zt/oz/zoot 870 DEDAN GTCHURU 28/0212006 871JOHN M. MUVALT 2010911995 rrr l-'X,H| o or/rz/rgg, 873 GTLBERT K. OHOWA 2O/091799s R71 soLoMoN MUTHEE -, 'WACHRA 875 ENOCK OWTNO 876 MARY W. HINGA 22/04/7998 877 NJURU GTTHAIYA 03/12/1,997 878 MOSES AMBANT 27/07/7998 8T9ANGELTNEOWTT| 1510511998 880 DAVTD G. GATHil 7s/07/2003 8Sl HARRYJ. AGUTU t9/7011998 rrr lffi'^T;t[ r o2/12/7ss7 o2h2l79e7 37/03/1ee8 37/72/1997 353,810/= 595,694/= 680,957/= t5,30t,125/= 684,01,3/= 867,824/= 607,3601= 1,509,864/= 658,366/= 1,075,3L4/= 417,345/= 677,862/= 660,27s1= 748,6441= 2,493,362/= 1,041,469/= 32,957/= 7L1,344/= 7,764,835/= 713,732/= 275,680/= 83,7601= 373,716/= 752,009/= s0,483/= 153,826/= 89,OO9l= 97,2141= 757,938/= s0,000/= 300,000/= 100,000/= s0,000/= 6s,832/= 100,000/= 3,496,887 /= 1,307 ,OO9/= 100,000/= s35,Os4/= 606,748/= 87,685/= 586,233/= 48,4741= 64

883 GEORGE NYAWANA 884 MUSA A. MBITHI 885 SAMUEL MANGI 886JOHN M. KIILU 887 THOMAS K MUSANGE 888JOSEPH A. NYAMIRI 889 STEPHEN M. WERU S9OJOSEPH K. GITHINJI 891PETER M. MUTURI 892JANE W. MUCHAI 893 VITALIS A. ABOKA Rqd DAVID W -- ,MUCHERU 4s1,306/= 1,175,2691= 1,856,244/= 628,705/= 100,000/= 470,550/= 49,074/= lOlos/Lses t3/02/1998 t8102/1998 02/061799s 77/OLl2OOo 2s/04/2003 22/0s/1e9s 78/06/7998 399,224/= 2L,475,455/= 6s,6t2l= 4,327,638/= 5o,ooo/= 615,832/= .._ WILSON N o" GRTHAMgR 896 EDWARD MAKILA 897 SIMON K. KIRAGU 898ANDRE NDUNGU 899 ROSE W. BULIMU 9OO HENRY J. ATIMA 90l TITUS KASWAHILI 902 FINNY CHEMTAI 903 GEORGE KAMARITI 9O4JOAN A. ONYANGO 9O5JAMES N. MWANGI .. - PHILOMENA N, 'uo GATHURU 907 MUASYA MUTEMI 908 MESHACK O. OPIYO 909 BISHMARK N. NJUE 9lOTHOMAS N. MUINDI 911PAUL O. OWINO 912 STEPHEN M. WERU 913 CYRUS K. GITONGA 914 MICHAEL A. ASUNA 915 ABDUL K. MWINYI 916 PHILIP K. MWANZIA 917JOHN N. NYAMU 2t/to/1994 76/06/2003 t8/02/7998 31./10/1994 37/03/2009 02172/7997 22/02/2006 7s/os/Leeg Ls/osl799s 31/03lzOOs 30/Oel1e98 2210317995 79/7017998 31.103119s8 18/06/7998 02/L211997 30/0412003 31/tO/Lss4 t9/70/7998 31./03/Lee8 31,/1,217997 30/06/tee8 3t/07/7998 2,971,349/= 845,927/= ssg,741/= 551,431/= 270,33s/= 3,t20,5621= 76,28s/= 50,000/= 30,000/= so,o00/= s0,000/= so,o00/= s0,000/= 50,000/= s78,89O/= 1,227,765/= 7,065,252/= 121,,259/= 42L,41,O/= 560,209/= 820,837/= 8s,0721= 279,OOO/= 7,405/= t3o,497 /= 777,O4s/= 177,036/= 65 4s6,8421= t2,s72l= s0,000/= 932,717 /= L2,teu= 693,287/= 288,840/=

918SrMON M. KAMAU 26/03/7998 919 PETER K. MUCHTRA 30/06/1998 ,ro:lll:lllE w 3oto6t,ssl KARURU 92ITrMOTHY H. KAMAU 15106/1999 922 MWAURA MUGO Otl03h998 ,r, Yftl9^T.. 3uro/7ss4 WAINAINA 924S|MON N. KAM|A 15/06/7999 92s PETR W. SANDUKA 7slo7/1999 926 NORAH MWAB| 22/04/7998 927 KTMWELE KTMANZT 31,/10/7994 o1o DOMINIC C "o WANYAMA 22/04/1998 360,833/= 24,365/= 83,O21,/= 46,402/= s0,000/= 380,000/= s0,000/= so,0o0/= 50,000/= 2,857,988/= !84,660/= 381,82s1= 36,7601= 1,779,502/= 282,43s/= 7,374,3271= 7,427,7041= 273,s831= 92,878/= t49,812/= s0,000/= s0,000/= s0,000/= 7,128,040/= 1,059,458/= 300,000/= 486,558,7 24.58 7 9,543,483.52 20,77 5,1-44/ = 66 q7q HUMPHREY *'osloslrggs -'- tvtguGun 930JAME5 N. MATHEA 03/7211997 931JOSEPH K. A. KrRUr 15/05/1998 q?2 JOSEPH o'ot/oz/tsgr --'TYnDENGT ql?JUDAH K'.luLy tgga -'- rraaruvrruoo 934 WILSON RUBAI 935 NZTOKA WAMBUA t8/02/1998 936MOSES N. MATHEA 21/08/7998 937GEORGE M. MU|VA Otlo4l7998 938ALEX N. WATNATNA 30/7712OO3 g40JOMOKASTBWA 27/07/1998 941JOYCE K. GTCHUTYA 2717t/r99s 942 BENARD MATHEA 06/031L996 943 STEPHEN CHEGE 117,376/= 735,168/= 154,888/= 1,357,O89/= s67,2491= 9O8,627/= 17,279,294/= 844,375/= 7,806,392/= 273,305/= The firm of J. Harrison Kinyanjui & Co. has also filed another schedule in respect of L25 plaintiffs in which they claim for a refund of ksh.9,405,54t/=. lf in, the defendant has failed to tender evidence to controvert this claim. No good reason has been advanced as to why the claim should not be paid. Consequently the plaintiffs listed in the schedule

prepared by the firm of J. Harrison Kinyanjui & Co. Advocates should be paid a sum of ksh.9,405,541/= worked out in the aforesaid schedule as follows: J. HARRISON KINYANJUI & CO. ADVOCATES - SCHEDULE OF PAYMENT NO NAME COY NO DATE OF TERMINA TION 78/9179s8 7u7/7ee8 1998 APRIL 1998 78/2l1es8 FE8.1998 JUNE 1998 DEC. 1997 \7170/79e4 FEB. 1998 FEB. 1998 FEB. 1998 t8l2/7es8 1998 t8/6/7ee8 22/7l2OOO 1998 1998 AMOUNT PAID 891,348.3t/= 742,255/= 722,OOO/= t22,971/= 327,770.36 241,298.00/= 1,039,071.68 t,327,738.63 960,4621= 1,101,150.10 354,357.35 785,505.45 7,300,283.22 960,000/= 278,702.12 703,902.65 960,000/= 760,0OO/= AMOUNT TAXED OFF 5t,326 138,000/= 132,0001= 15,132.69 2,050.40 111,90.50 278,950.93 373,49O/= 246,3551= 216,686/= 60,910.40 21,2,796.88 438,842/= 248,OOO/= 37,831.03 734,O84/= 248,OOO/= 360,1,22/= AMOUNT WITHHELD s0,0oo/= s0,000/= 50,000/= 50,000/= s0,000/= s0,000/= 50,000/= 100,000/= s0,000/= s0,000/= s0,000/= s0,000/= 100,000/= 100,000/= so,0oo/= s0,000/= 50,000/= s0,000/= 1. 2. 3. 4. 5. 6. 7. 8 9. 10 11 12 13 74 15 16 17 18 LAWRENCE KYALO -- .- NDUTU 0542 GORDON OTOLO .-. NGOLO 4053 JAMES NGINGP wArRroKo '4022 GEORGE NJOROGE NJIGU .7977 JAMES SAIYALELE SUIYANGA 7740 PHILIP KINYANJUI GITHI 2575 CHARLES MWANGI GAKOMO 3837 MARY PHOLOMENA W. WAMBUGU 6322 STEPHEN MWANGI WERU 5159 THOMAS O. AMWOMA 3062 ANDREW MONAYO NYARIBO 2242 DANIEL MUINDUKO MAWATHE 2304 HILARY FRANCIS MBURU 6004 DAVID N. KINUTHIA 6989 EDWARD MBUGUA GITAU 71,1,3 SIMON MAINA GATHERU 2273 JULIUS GIKONYO KAMAU 3265 JULIUS MWANGI1643 67

19 20 27 22 23 24 1995 JUNE 1998 1999 271717998 MAY 1998 re/10he98 836,1,45/= 157,770.77 96,257.45 560,135/= 476,894.33 771,617.30 1998 860,13sl= 1998 642,7381= 18/2/1998 7,010,73s/= 77lgllsss s01,116.8s 78/2/1998 7,2t0,735/= ts/slL998 964,735/= 7412/799s 590,736/= 199s 7,770,060/= 1998 764,730/= 1998 679,760/= 199s 464,130/= 30/6/1999 207,907.74 1998 7,277,552.28 1998 L,34604.30 1998 764,1,35/= APR|L1999 7,360,423.85 t1,l1,ut99s 980,135/= MARCH 1998 1,814,639.63 1998 794,735/= 2172/1997 863,17.62 1998 1,622,244.53 1998 842,765/= 1999 t,742,564.25 235,t40/= 21,999.69 5t,151.27 145,OOO/= 49,874.83 76,7021= 335,000/= 142,OOO/= 464,735/= 96,s73.37 363,L35/= 241,L40/= 135,000/= 265,OOO/= 320,L35l= 77O,O0O/= tt2,ooo/= 28,135.36 279,943.64 360,1.45/= 181-,132/= 456,738.65 265,780/= 185,329.15 29s,780/= 176,e55/= 289,561/= 784,735/= 166,404.95 s0,000/= 100,000/= s2,6so/= s0,000/= 50,000/= 50,000/= s0,000/= 50,000/= s0,000/= 100.000/= 100,000/= 100,000/= 50,000/= 50,000/= 50,000/= 50,000/= s0,000/= 100,000/= so,ooo/= 100,000/= s0,000/= 50,000/= 100,000/= 100,000/= 100,000/-- 100,000/= 100,000/-- so,o0o/= 100,000/= 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 68 KAMBIA MUIRURIM. KARUGU 510 JACOB AGALE OWAK 46LO AL|CE NJERroozg GATHUNGU JAMES MATUNDA SAISI 7333 MARIETTA N. MUTISYA 240 PETER '*'*NU,,,U MWANGI JUSTUS KAKUSU ---. MATHEKA 0573 NZUKI MUTISYA NDOLO 1946 PETER MIRINGU -.. MWAURA 5094 JULIUS M. MULWA 4557 MOSES M. MACHIRA 5510 JERUSHA NYABOKE 869 MAKIMEIWAIGANJO 882 JAMES MWANGI--. KABUE 5785 MOSES OTIENO NDOLO 1369 JOHN MUTUA MUTISYA 2643 FATUMAGATICHACHA 4288 PETER KAROKI WAIRIUKO 7203 DOMINIC NGURE 1159 TIMOTHY LOKI MATHEA 5797 JOHN KANYINJOROGE 399 THOMAS WAMBUA NGU| 0300 CHRISTINE NDUKU 5404 ALOIS KINGORO GICHANA 1.725 MICHAEL K. MUNANDI 4355 ROSE MUENIMUTUKU 4091 ROHDA MWIKALI NZOMO 5586 ANTHONY MWANZIA KTLONZO 4720 JOSEPH KOKOYO3OST

48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 OGWAYO ANDREW KAMAU GATETE 5864 GEORGE WAWERU MWANGI 6023 LINUS BIRUNDU -_. - OMBUNA 3746 NZIOKA NDUNDA 956 DAVID SYANDA KTLUND, '600 GIDEON OMBURA ouMA '3788 WAMBUA MBELENZI 2806 LAWERENCE MWANGI rRERr 1-740 SIMON NDUNGU *ANYEKT 1885 EDWARD MULI 3970 PHILIP MUTUKU NYAN,T 2326 EVELYNE P. A. OYWA 3717 NYAMBARIGA SILAS .NGTGE 2674 JOHN KIVULI 7926 PETER MWENGI NGUN.E s642 SUSAN RASMAS cHrrEcH 7986 RASHID KANYAU ABDUL

• o95o

ROBERT M. NJULU 7950 DAVID NDALINGA MUTUVT 2846 JUMA MOHAMMED KTDANGA 7932 MOHAMMED SAID. BWANA rMANr 7807 GIDEON K. MWENGI 436 FRANCIS NGUNZE K 722 DOROTHY MBEKE --.- 6307 SHENYE 1997 1995 ts/10/7se8 7994 2/7211ss7 3ut0/2003 1998 1998 1998 1994 1.994 MAY 1999 NOV. 1998 DEC. 1997 317217997 2172/7es7 2112179e7 DEC. 1997 2172/1ee7 2/12/Lss7 2/12/7se7 2/72/79e7 2ltzl7se7 1998 764,74s1= 968,138/= 587,373/= s72,7961= 455,777.28 L,692,667.90 964,735/= 577,527.75 215,625.75 464,\35/= 764,420/= 1,35L,944.70 1.,356,462.30 259,212.t4 960,736/= 776,428.09 462,189/= 188,707.77 834,s99.73 251,938.77 8t2,025.67 7,385,392/= 872,150.13 764,L8O/= 736,134/= 264,13s1 82,338/= r35,640/= 118,4601= 547,598/= 135,365/= 126,574.78 38,083.75 95,L35/= 132,t35/= 327,56L.30 318,1,30/= 9,l}tl= 238,735/= t4,gss/= 38,13s/= 8,3eBl= 236,745/= Ls,443/= 120,587/= 252,766/= L80,135/= 234,735/= 100,000/= 100,000/= 50,ooo/= 50,000/= 100,000/= 100,000/= 50,000/= 50,000/= s0,000/= 100,000/= 100,000/= s0,000/= s0,000/= 100,000/= 100,000/= 100,000/= 100,000/= 50,000/= s0,000/= 100,000/= 100,000/= 100,000/= 100,000/= s0,000/= 69

72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 MAURICE SAKWA 433]. STANLEY G. KENGARA 7L32 BARSHORA WACHU 1ez+ BAJARA GEORGE S. MSHEDI 776I DZOMBO CHARLEI MBURA 'o5o. JEREMIAH NUNZAA 7964 DOUGLAS HARMTON 037 MALINGI HAMAD tU*O7726 MWANGUPU LEONARD DUME MB.GA

• 7709

DAVID MAZERAJOHN 79OO JOSEPHINE CHEZET NDosHo "447 SAIDIAWADHIAWAYU 34OO DARIUS KILAMBO 7886 DONAS KIRICHA LoMBo '2975 RACHEL V. W. KEAR 7839 DILTON PASCAL KITATU O5O2 BONIFACE MUTUKU NDAKA 7858 KIMANI NGERE wArrru 7759 ZIPPORAH DENA FUKWE 0462 KENA H. KOMORA 0648 CONSTANTIUS MWAKTo uacHnruGa o3uo M. ASHODI M. NGIMI K.NGoNTNGA 7901' OCHIENG OMOLLO 5136 ALPHONCE MWAVULA MWAKTZAT o58s BERNICE WANGECI KrNGoRr 5558 GIBSON WANJIHIA M. 3878 MWANGIWAMBUGU 1074 JUNE 1998 2t/6/2000 2/t2lts97 1997 1998 7997 27/6/rs9s 7994 2lt2/tse7 2172/tss7 1996 1996 7997 2/72/7se7 L997 7997 L997 7997 L997 t997 1997 t997 1998 1995 2002 1998 1995 251,369.95 864,135/= 87s,748.25 L,512,458.37 820,558.49 250,262.47 642,1.80/= 812,693.55 1,087,852.29 269,646.03 930,76s/= 864,135/= 391,877.34 987,13s1= 658,888.82 579,591/= 585,435.60 7,774,740.77 764,1,38/= 842,1381= 288,372/= 246,627.29 7,180,460/= 564,135/= t,770,ooo/= 764,735/= 46s,1,321= 23,243.34 237,t35/= 71O,777 /= 289,767/= 736,626/= 75,765/= 736,7901= ts7,4881= 78,6021= 736,142/= 7so,76sl= 44,626/= 194,L32/= 86,086/= 69,8841= 77,62s/= 158,775/= 197,432/= 214,7341= 20,698/= 13,04/= 360,000/= 96,t3sl= 381,142/= 784,73s/= 96,1,31= so,oo0l= 50,000/= 100,000/= 100,000/= 100,000/= 100,000/= 100,000/= 100,000/= 100,000/= 100,000/= 100,000/= TOO,OOOI= so,oo/= 100,000/= 100,000/= 100,000/= 100,000/= 100,000/= 100,000/= 100,000/= s0,000/= s0,000/= 1s2,891/= 100,000/= 100,000/= s0,000/= s0,000/= ru

99 100 101 L02 71,4 116 777 118 119 120 727 122 123 124 ANDREW KENGARA MA|GO 724 GLORIA AWUOR MANGO 5403 REUBEN MBIU MWATINGU 696 BOOKER AWIMBO OGUTU 2263 JECONIAH ORONJE owuoR 3227 BEATRICE M. KILIO 7762 ASHFORD MA. AYUBU 7945 VICTOR MTUANGUO 3111 NARISIS M. MTULA 7857 WILSON NJUKIMAARA 5327 CHARLES KIMANI KABUGUA 7266 GABRIEL MAINA WAIRE 5119 PATRICK NDEGE, MUGANE 1594 WALLACE SHAKE 4433 BENJAMIN MULWA. MWANIA 281,6 ROBERT M.lgga MWAWUGANGA 1995 1995 1998 1998 764,735/= 278,734/= 50,000/= t,764,1.35/= 348,1351= 100,000/= L49,2OO/= 13,600/= 50,000/= 663,671.70 lOl,6O0/= 50,000/= 103 704 105 106 707 108 109 110 111 712 773 115 RAU TSUMA 1995 7738 1994 1998 1997 L997 r994 1997 1997 78/2/7ee8 30/4/Les6 1995 1995 1998 1995 2003 JUNE 1998 2000 7997 1.995 1998 1999 1998 967,135/= 108,882.76 250,s92.31 64r,7321= 414,929.76 1,231,98.05 1,91s,696.20 7,414,600/= 564,745/= 484,76s1= 94,O30.70 764,764/= L,t07,307.20 1,1.29,981.20 1,136,430.10 980,14.30 964,138/= 934,735/= 1,,s12,269.75 777,707.90 738,742/= 477,747 /= 206,202/= 789,160/= t9o,t35/= 765,134/= 180,7401= 726,363.62 e,3ss/= s0,0oo/= 100,000/= 100,000/-- 100,000/= 100,000/= 100,000/= s0,000/= 100,000/= s0,000/= 100,000/= s0,ooo/= 100,000/= 100,000/= 100,000/= s0,000/= s0,000/= 100,000/= 100,000/= s0,000/= 50,000/= 100,000/= s0,000/= 96L,1361= 192,7001= 646,74s1= 1.3t,640/= HAMISA MOHAMMED KIDANGA 1591 ABRAHAM ORINA 3490 ZACKARIA STANLEY WAMBUGU 2380 PATRICK KAMAU KAGOTHO 5829 JERUSHA IRNE SUERO 5954 DAVID MIRERA WACHI 597 PAUL MUTHINI IVUSU 3264 ISAACK KARANJA WAMBUGU 5489 DAVID MYNYWOKI3543 n 234,780/= 39,99s/= 18,806/= 760,745/= 3s,34s/= 388,650/= 32s,813.3. 467,736/= 74,138/= 6s,74sl= 77,296/=

1910 1998 15) ln the end, I find merit in the plaintiffs' claim. Consequently, I issue an order directing the defendant to pay the plaintiffs a sum of ksh.20,775,152 as per the schedule dated 1L.5.2016 filed by Namanda & Co. Advocates and kshs.9,405,54I/= asper the schedule dated 23.10.2017 and filed by J. Harrison Kinyanjui & Co. Advocates. The aforesaid amount to attract interest at court rates from the date ofjudgment until the date offull payment. 17) The fourth issue is closely related to the third issue. lt is the question as to whether or not the plaintiffs are entitled to general damages for loss of employment. lt is the submission of the defendant that at the time of plaintiffs' dismissal, the remedy available was damages if a defendant was liable, was limited to the period of notice applicable under the employment contract. The defendant was of the submission that since the plaintiffs' employment was terminated by way of redundancy, they were not entitled to claim damages for loss of employment. lt is the submission of the plaintiffs that the entire process they were subjected to was an illegality hence they are entitled to compensation in damages on the basis of a multiplier of their salaries but being capped to 12 months' gross salary. The plaintiffs asked this court to award each plaintiff a sum of kshs.10,000,000/= qn this head. Having considered the rival submissions over this claim, I am satisfied that the plaintiffs' exit from the defendant's employment cannot be treated as redundancy. The defendant simply dismissed the plaintiffs through a process not recognised by the C.B.A and the contracts of employment signed by each plaintiff. ln other words, the plaintiffs were unlawfully dismissed. The plaintiffs are therefore entitled to receive damages equivalent to the period of notice stated in the contract or the C.B.A. There is no dispute that the plaintiffs' employment with the defendant was terminated before the coming into force of the Constitution of Kenya 20L0 and the Employment Act, 2007. ln the case of Mary Wakhbubi British Airways PLC (2015) eKLR the Court of Appeal 646,!34/= 93,297,344.44 98,73s1= 4L,418,429 50,000/= 9,405,541 72 KITISO 725 JOHN KURIANGUMI TOTAL 16) The third issue which has been identified for determination is whether or not the plaintiffs are entitled to be paid their salaries upto the date of retirement. lt is not in dispute that the plaintiffs were on permanent and pensionable terms of employment with the defendant. lt is the submission of the plaintiffs that they had legitimate expectation to work for the defendant until the retirement age of 60 years. The plaintiffs are of the view that they should be paid their salaries upto the age of 60 years since their employment was guaranteed. The defendant is of the contrary view that even in a permanent contract, there is no guarantee of employment until retirement. With respect, I agree with the submissions of the defendant. Despite the fact that a letter of employment states that the contact of employment is on permanent and pensionable terms, still an employer may terminate the same and the affected employee may file an action for damages for the unlawful dismissal. lt is therefore not correct that the plaintiffs were entitled to payment of salary upto the age of retirement of 60 years. The prayer is therefore declined.

considered the remedies available to an employee dismissed in 2000. ln finding that the remedies in the Constitution of Kenya 2010, and the Employment Act 2007 did not apply in such a case the court held inter alio: "All that said, then is to say that this court only has jurisdiction to award the remedies available at the time of the wrongful dismissal or unfair termination, that is, when the cause of action arose. These are remedies that are provided for under the repealed Employment Act, Cap 226 Laws of Kenya and the repealed Trade Disputes Act, Cap 234 Laws of Kenya." ln D.P. Bachhetha =vs= Government of the United States of America (2017) eK.L.R the Court of Appeal held inter olio: "That an employee whose dismissal was wrongful was only entitled to damages equivalent to the salary he would have earned during the period of notice applicable in his contract." 18) ln this case, it is clear from the contract of employment and the memorandum signed between the plaintiffs' union and the defendant that the defendant was required to pay one month's salary in lieu of notice. ! am of the view that the plaintiffs are each entitled to a sum equivalent to one month's salary as at the date of termination as damages for loss of employment. I make the award in favour of the plaintiffs. The plaintiffs and their advocates file and serve the defendant schedules showing the monthly salary each plaintiff was earning as at the time of termination of employment. Mention on 6/2/2018 to determine the issue 19) The final issue to be determined is whether or not the defendant's calculation of the plaintiff's terminal benefits were wrong, arbitrary and helped the defendant to withhold huge sums due to the plaintiffs. lt is the submission of the defendant that the aforesaid payments were calculated as required under the Regulations of Wages (General) and in accordance with the law governing employees who have been declared redundant. The plaintiffs are of the view that since they were not consulted, then the defendant's calculations should be treated as arbitrary. lhave considered the material placed before this court and it is clear to this court that though the defendant did not consult the plaintiffs on the computation of their terminal benefits, the defendant nevertheless gave a schedule showing how the figures were arrived at. What is clear in my mind is that the defendant proceeded to compute those dues as though the plaintiffs were declared redundant which is not the case here. ln the circumstances, I am unable to make a declaration that the process was wrong or arbitrary. 20) lnthefinal analysisthiscourtentersjudgmentinfavouroftheplaintiffsasfollows a) lt is hereby declared that the decision to cause the plaintiffs to take early retirement was unlawful and in breach of the constitution and the plaintiffs' contract of employment. re

b) The defendant is hereby ordered to pay each of the plaintiffs damages for loss of employment a sum equivalent to one (1! month's salary as at the time of termination of employment. c) The defendant is ordered to refund to the plaintiffs a sum of ksh.30,180,685/= 6s1.t the amount withheld in terms of the schedules filed by the firms of advocates of Namada & Co. Advocates and the firm of J. Harrison Kinyanjui & Co. Advocates tabulated l. Ksh.2O,775,L44 2. Ksh.9,405,541 Total ksh.30,180,685/= d) The plaintiffs to be paid by the defendants costs of the suit. e) The defendant to pay interest on (b), (c ) and (d) above at court rates from the date of judgment until the date of full payment. Dated, Signed and Delivered in open court this 24th day of January, 2018 J. K. SERGON JUDGE ln the presence of: for the plaintiff ....... for the Respondent Download|]l].:'.]i,..\.),)--)i:':::,:l"ii;-]l.,,-i:-l..l'.j—i,-1,.,,\,i,,;i.''ii..l.:|,:: Except for some material which is expressly stated to be under a specified 1..' e1ql.l;1._1..y,,:,, r,1.r_-, license, the contents of this website are in the public domain and free from any copyright restrictions Our Partners Careers Contact Us Sitenrap a a a a Flome About Us 74

Follow us creative commons a Brck to top O 2025 National Council for Law Reporting (Kenya Law) ': i.,isclairrr,,'r' Cretrtive Clomnrons ' Privacv l)olic v 75 l}-r L - -.1

LAWRENCE NDUTTU & OTHERS.. VERSUS KENYA BREWERIES LIMITED HEARING NOTICE PLAINTIFFS DEFENDANT TAKE NOTTCE that the application dated lsr October 2024 by the Plaintiffs will be heard on 22"d 2025 at 9.00am in the High Court of Kenya, Milimani Commercial Court, or as may otherwise be indicated on the relevant Daily Cause list in that regard before the Hon. Prof, Mr. Justice Sifuna for finalizing the outstanding settlement due to the Plaintiffs in the Judgement. DATED AT N / AIROBI.{HI ";rr': 'I ''r ; HARRISC)N S 16TH D li t1 l,,t KINYAN UI & CO. ADVOCATES FOR 125 PLAINITIFFS u'1

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/\,-f' -- t i REF: OM,/M /COMM/219/2O2I PRACTICE NO. : LSK,/2O23/ 1 1 Email: in a ir t,tra (Dotr,t,a Itnanwa lar,i,.co.l<r-' PHoNE No:( +254)703 9a7OO6 KAPLAN & STRATTON ADVOCATES WILLIAMSoN HoUSE, gTH FLooR 4TH NGoNG AVENUE P.O. Box 4O1 11-OO1OO, NAIROBI (PMG/KE/ 1O/ 152) EMAIL: li srz-rt ll lr r.rsi r.:t[.,]0rt.r | ,,/.'rt .) r' o9 HEARTNG NorrcE 76 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CIVIL CASE NO.279 OF 2OO3 TAKE FURTHER NOTICE that the said matter will proceed to be heard, and such appropriate Orders thereon made, your absence notwithstandint. AY OF MAY,2025 DRAWN & FILED BY: ]. HARRISON KINYANJUI & CO. ADVOCATES ST. ELLIS HOUSE (FORMERLY MITCHELL COTTS HOUSE), 411I FLOOR SUITE 416, WABERA STREET, Tel:0777-733659 Email:_ TO BE SERVED UPON: OTWAL & MANWA ASSoCIATES ADVoCATES, MIRAGE TOWERS, TowER 1 GRoUND FLOOR,

NAMADA & COMPANY ADVOCATES WOoDLANDS BUSINESS PARK,4TH FLOOR KIAMBERE RoAD UPPERHILL P.O Box 72AA|OO2OO NAIROBI EMAt L: lar,v@namzrdaerdvocates.com HEARING NOTICE 77,

I Advocates l(;liiamson HOUS€ 415 AvenLe Ngonq P.O. Bor 4O111 . 0010O Nar.oDi. Kcnya w*Yr < apl ansl, a tlon. co r E..or! KSOtapstal.::- vA_ r4 c€i!?t9c t,N pfio6r55rr5 r (0) 20 28.l r0oo (0) 20 27339r 9 M. (0172?2057824 (0) r33 699012r3 lnJ Cods: .25.1 DZ: l'lo. 19 PllC/KE; I t) 'l 7l I I Januarl 2C22 -f he Depuly Rcgistrar High (--r-.urt of Kcnva CivilDivisitrn lll ilinran i [-lw C(rurts N.TtRoBI l)ear Sir. Iligh ('ourl Ciril (-asc \u. 179 of l{}l}J Latvrcnce Ndultu.t Olhcrs vs. Kcuva Brewcries Linriterl \\'e requcsl )-ou n) kindl) rccrrnl the tbllrr*'ing c()nscni: *BY CONSIiN'I' 'I he suir L,enlecn rhc l)clcndrnr lnd rhc Plainritii listcci in thc anached scheilulc and relerrcd t('ar paruraph I4 r,rl'ttlc judgmcnt t.lelivcrei on 24'h January 2018 is herehy rnarked l:s seftled." Y c,r rrs t:rith{irll,'. tr \l .\TTO\ \l)\ (!( \ll,\ l.()lt II I I)Ill-!.\l) \.\ I Njt,iti /,ru ;(.2j- ll 7B

ABSA BANK KENYA PLC REQUEST FOR RTGS TRANSFER Kindly make the following rransfer on n+5/our behalf Rem.itte/s Det'ails lnrttu.tl.nrto cu.rotn.B r. Thirior6 rl'n,rld b. iill.d in aAPITAL rEiT:RS t. 6anciki.r/, .iiount nulnber, blnk and branrh MUST ba quotaJ ,. R-.C5 tr.oiler (.n ONLY be !fr.(ted lf lh. p.rmant 15 !o be mtda Iil ianya llrll;nl, rnd to a ben(,;<:ary'i ai.ou.t in a (c6-€riial brik ?ithh (!n!a. Dare:27/07/2022 Name of Account: KAPLAN STRATTON CLIENT Account Number (include the branch code) 0945022833 Telephone Number: 0 20-2841000 ; Branch Name: QUEENSWAY H0USE Amounrin Figures An)ount in rvords: Kenya Shillings: Fourteen million seven hundred i (shs. 14,755,312.35 fifty six thousand threc hundred twelve cents thirty five only Our cheque ;1o 22580 foraboveamountin tlvourof ABSA tsank Kenya PLCher*vith at',.ached BeneEciary's Details \anrc: f. Harrison Kinyaniui & Cc. Ad vocates, ' Acco,..:nt Number 2041308773 I Client Account Barrl<&Branch: Absa Bank Kenya Plc - Queensrvay House Deails ofPayment: Payment of the decretal sum i Charges tc be paid b1' I{emitter/*L.i ed+Mary' (d.-lete th e i napDlica ble ch oi ces) Tgrrrrs aid Co.diiion !. .lhsa Bank Kenra PLC..r,ril use dls;ruijni in c".:.li6g iie ireihod oftilrsmiJsi,ln and n1.!'oF: to uiJ !h: scrvi(rj of:xoih.r b.nk !c efircl (h. pa,vn1.x: 2. Ahsa Bank Kcrr-d PLC $,rtl :arnii :h. iunds t: ::rc i.:ereicia4/s bank on !.c daie a:ld !iiihin rralonable rimc of rt.Eipl oi insi:lcii.:lnj frrrn L1e curri-nei prori."i ".alr int"uc,i..rs er. rarciv.d lfirhin '$c cui-orI rims; oth.nvije 'i1c i?nsfer'.!,,lll bc riicc:ed ic foil.trvin; r,.,rkir.g,.lay. Horrs$!r, A.sa B.nk K.nyr PLC !.:d E:!cs no .onrnritr'1,rn: on lh! aiiliry ot sle b.neilii.!ry's Sank i:: lry ihe 5!nefiijary .,n r'lar d.ic dnJ/or r.'::irn a :c.ior,ab'c !iln:. 3. Tnc oank l.:,rs n.rr ai(.ft riiFinsibliiry fn: any irJr <au-.ed h, dcla) s. interruptigrs, misiit:rpi.tei.ons cr ert !rs i:l :.'ansrrrissio:l oi !eyrlcnts 11hi.h r,ra ioi d i.ci:lr- ij i. ac ieJilS.:lie cr d"fariit of:hc blnks ovr olil,:ers. ;.. Tig c,rj i(m.r siral: b. t'..Jn, and 5.rrbi in.l.ftnili.5 ihe bank asr,hst.llolliBatioqs a:'id !he iEilr)tJibiliriEi irnPolsl by rh. alna5 aa anv a!i ar i:ra:iirs rE!3:Jil:E i1c :aansi..r a,ver r,';ricn !ha'o;r:k r.is o. rnirJl P,e i3natu re(s) t Signature(s) vcrifi.d ,ft/. W-*,:,- Pa:'tner i'a:tn e r To be com lered at P-AiS fest: agreed / d isagreed /m issing ' Sign ts ran:h r-ri:iciai's si air.lres v eriffed S igt, :_+\^ Cornnrissiorl Ks hs l5rsn ; Other Charges h Ks Torai lis_nS 'l'=si No Treasury Ref Signatrre & Io irv'h" Signaru re & \c /',".,,-. 6l.uL)\crC Y{,i t1 ,\lti I ) rgrl 79 I

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I,N WRENCI.] NDU-ITU & 156 O I{EI{S.. PL.\I\TIFFS VUITSUS t( t,r\Y,\ ril{t,twtiRIIits t.I\{I iliI). I)DII,]\I)A\'I' N01'ICIi OIT APPIiAL (Pursuant to Rulc 75( I ) ol thc Court of Appeal RLrlcs) TAI(D NOTICII that KITNYA IlltIiWtrlUIiS LIMITED thc l)cfcndant hcrcin bcing dissatisficcl rvith thc dccision of thc [-lonoulablc Mr. .lusticc Scrgon clclivcrcd at thc Ilislr (]oult at Vlilirnani in \airobi on thc 24'h of' .lanlr6l'), 20 18. intcnds to appcal [o thc Court of r\ppu-al against thc '"vholc ol'the said dccision savc lbr': a. 'fhe tinding that thc Plaintifls were not entitlccl to payment of salarics up to lhc asc ol' rctire tnent: b. -l ltc linding that the [)elendant's calculatiorr ol'thc l)lain{.il]is' tcrmiual br-.nctlts wus nor wl'ong or alb itrar'1,. ['hc addless ibr sclvicc ol tlre Appellanl. is carc of lr.aplan & Stratton Advocates. \\illianrson l lor-rsc. 9';' [tloor, 4'i' Ngong Avenue. P.O. I]ox 40l l l-00100. Nairobi It is irrtcnded to scrvc a copl'of'this \otice on: \amacla & Cornpanl, Advocatcs. Phocnix l{ousc. 6'r' l:loor Kcnl,atta i\vcuuc. P.O. Ilox 72tt8l- 00200 Nailobi; .1. I lallison l..in1,an jui & Co Advocates. St l'lllis I Iousc. 4r ' Ijloor. Suite 416 Wabera Strelt. I,.o llox 10024-0() l0() \airrbi: and O.l'}\goge & z\ssociatcs i\dvocat!-s. CoIf'cc l'}laza.4th Iilor>r'. P.O. I]ox l4-10-00200 Nlirobi RIiPUI}t,IC O I YTHI1 HIGI{ COUIIT OF CIVII, CASII NO. f-{tcH COURT OF KENYA MIL'MANI R.ECET\/ED KIiNYA DTSPUIYI&,ECiBTRAR 27e otuo 0J ntvtslclN \'ry';-il l)atcrl at \airotri tlris dur o I' Ircbrulr ,v 20 I 8 u , ,/ (/7\ T Li rtt)t r'; /L i{,\ P &S'1'[t,.\'l't'o\ ffitt,n (\ \l)\'oc,\Tt,ts rolt't III.. \I'l,tr1.1,,\\T 80 /

LOI)GIiI) in thc t-liglr ( oult ol'Kerr1,a at Nairot)i this day of I)t,.PL',IY Ilti(; tS'r'rtAr{ I I I(] I I COUIIT OF I(I',\YA,\'I' \,II I,I NIA.\I N;\tll.Olll l)l{;\\\ -\ tt l. lt.l,.l) ll\ : Klplarr ct Strnltou Advocntes \\'illiarnson I lousc. t)'r' Itloor' ,1" \gong r\venuc l'.O. Box 40lll-00 100 NAIIIOI]I 1' cl : 07 29 7 427 ll.1r0 7.'i.l 7.i j 74(r ( I'1'I(;/l(l),/l 0/l 52 ) Irrrail: IiSLiti tlon lci'ka st rat.c( )n.l l0 t8 81

BETWEEN LAWRENCE NDUTU & 156 OTHERS.... ..........APPELLANTS AND KENYA BREWERIES LTD........ ...RESPONDENT (Being an appeal from the ntling and order of the High Court at Nairobi (A. Ongeri, J.l dated 25th Julg 2O23 in HCC NO. 279 OF 2OO3l **************************** ORDER OF THE COURT This appeal has today come for hearing. However, learned counsel Mr. Marwa for the appellants and learned counsel Mr. Kahura for the respondent inform the Court that they were prepared for the hearing of the appellants' application to have the appeal expedited; and that no Case Management had been done to enable submissions for the hearing of the appeal. That being the case, the appeal is taken out. Directions are hereby given that the appellants' counsel shall within 30 days file and serve his submissions on counsel for the respondent. Upon service, the respondent's counsel shall hle and serve his submissions within 30 days from the date of service. The submissions to comply with the Court of Appeal Practice Directions as to the number of pages; font and spacing. Case Management is slated for 18th February 2O25. We order that the appeal be expedited. Made at Nairobi this 26th day of November 2024. W. KARANJA JUDGE OF APPEAL JAMILA MOHAMMED JUDGE OF APPEAL A.O. MUCHELULE JUDGE OF APPEAL ..,./ \. I certifu that^tlis is a the true copy of ,tlb'ortginal.;, ,,..., 'i,''/:;6,," rj (, t'ay l ol t o 82 IN THE COURT OF APPEAL AT NNROBI (CORAM: W.I(ARANJA. J. MOHAMMED & MUCHELULE. JJ.A.I CrvIL APPEAL NO. EO69 OF 2023 t\,1 / li i1 REcrsrdci \'-r

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a I IN THE COURT OF APPEAL AT NAIROBI CORAM: KIAGE ACHODE & JOEL NGUGI JJ.A. AND KENYA BREWERIES LIMITED RESPONDENT (An appeal against the ruling and order of the High Court of Kenga at Milimani (Ongeri, J.) dated 2Sth JulA 2023 in HcCc No. 279 of 2Oo3) ***:+ * *:t *rt* **rt:t** ** ** ** ORDER OF THE COURT This appeal was listed for hearing today. Mr. Anyona, learned counsel holding brief for Mr. Manwa for the appellants, now says that this appeal ought to be withdrawn, and prays that it be. Mr. Kahura, learned counsel for the respondents, is not objecting to such withdrawal and has been magnanimous enough to not insist on his costs. In the circumstances, this appeal be and is thereby withdrawn with no order as to costs. Made at Nairobi this 3'd day of March 20.25. P. O. KIAGE JUDGE OF APPEAL L. ACHODE JUDGE OF APPEAL JOEL NGUGI I certtfA tlw.t lltis is a True copy of the origbwl ///t/r a REGIS?RA.R /', CTVIL APPEAL NO. EO69 OF 2024 BETWEEN LAIIIRENCE NDUTU & 156 OTHERS APPELLANTS JUDGE OF APPEAL -:y"r ,t'.-, L1- 'n(93 Vt t,,,\