Former Keroche manager Sam Shollei has confiscated several items including vehicles and plants machinery belonging to the Naivasha based brewer which will be auctioned on October 31 to satisfy a judgement he obtained from employment court.
Shollei won the case against Keroche for unfair dismissal in 2022 where Keroche Breweries was ordered to pay him Sh45.5 million.
“Under instructions received from the Employment & Labour Relations court at Nakuru, we shall sell the under mentioned goods, vehicles, plant, machinery and accessories by public auction on Tuesday 31st October, 2023 at 11.00am at our Head Office”, the advert reads.
The items seized by Okuku Agencies auctioneer include, Chairs, Desks, Drawers, Computers, Printers, Cabinets, Plant machinery & accessories, motor vehicle registration no. KBS 030K Lorry/Truck, KBN 129A Lorry Truck, KBY 272R Van/ Pick up, KAN 601R Lorry and KCD 860E Pick Up.
The conditions of the sale is Cash/Bankers Cheque, Electronic Funds Transfer at the fall of the hammer.
Bidders will make a refundable deposit of Ksh 1,000,000.00.
Viewing is allowed during normal working hours upon prior arrangement with the auctioneers and Sale is subject to a reserve price.
“Highest Bidder shall be declared the purchaser subject to compliance with the conditions of sale”, the auctioneers say.
Last year September, Employment and Labour Relations Court judge Hellen Wasilwa ruled that the company did not inform Shollei the reason for the dismissal nor subject him to any disciplinary process when it fired him in 2018.
“As provided under Section 45(2) of the Employment Act 2007, the termination of the contract was unfair and unjustified,” the judge said.
In 2020, Shollei sued Keroche for Sh75 million as compensation for unfair and wrongful termination saying it failed to follow the disciplinary process and terminated him for no reason.
Through lawyer Daniel Achach, he explained that on or about July 10, 2017, he entered into a contract of employment with Keroche Breweries as a managing director – effective October 1, 2017 for a term of four years—earning a gross monthly salary of Sh2.5 million and other benefits and bonuses.
“The contract provided that it could be terminated by either party giving the other three months’ notice or paying three months’ salary in lieu of notice. But this was later extended to six months,” he had claimed in court documents.
He contended that through an arrangement with the company, and citing political instability in the country that followed the general election, the reporting date was postponed to January 2018.
“It was a common understanding and agreement however that for the delayed period of October to December 2017, I would be paid half of the salary,” Shollei had argued.
The former MD revealed that he was fired on November 12, 2018 after he returned from his leave and was denied access to his office and was informed by his staff that the CEO had informed them in a meeting that he had been dismissed and should not be allowed access to the office.
He said his personal assistant was later called by the human resources department and handed cheques amounting to Sh7 million in his name purportedly being his terminal dues.
“I was not informed the reason for the dismissal neither was I subjected to any disciplinary process as such the termination was unlawful in the eyes of the law,” he argued.
The company in response claimed it terminated Shollei’s s contract procedurally due to the poor performance.
It argued that Shollei was always at loggerheads with the policies and ideologies of the top management and tried on various occasion to super impose his strategies into the detriment of the success of the company.
The company claimed that upon termination, Shollei was paid Sh7 million which included his monthly pay and salary in lieu of the notice.
Justice Wasilwa dismissed Keroche Breweries claim noting that there was no indication that Shollei was subjected to any performance contracting nor was there any evidence that his poor performance was proven based on set targets or deliberations.
“No disciplinary hearing was conducted…The claimant was further terminated without being given notice and so he is entitled to notice pay,” said the judge.
She directed that Shollei be paid six months’ notice pay as per the addendum contract which amounted to Sh15 million and October 2018 salary which was Sh2.5 million.
The judge further directed Shollei be paid Sh25 million as 10 months’ salary compensation for unfair and unlawful termination, Sh5.5 million gratuity pay of 10 per cent basic pay as pleaded and leave pay of Sh4.5 million which all amounted to Sh52.5 million.
Justice Wasilwa deducted Sh7 million which had been paid to Shollei from the said monies leaving Shollei with Sh45,550,051 less statutory deductions.