BY NT CORRESPONDENT.
Nairobi Bottlers has been order to pay a distributor Sh1.1 million over unfair termination of his contract.
Justice Francis Tuiyot ordered Nairobi Bottlers to pay Paul Maina who trades as Mweru General Merchants a total of Sh1,112,107 after the beverage company terminated his contract. Maina used to distribute the soft drink within the Nairobi central business district.
The firm was seeking special damages of shillings 16 million for damages and termination of his contract.
Maina filed the case seeking compensation over unlawful termination of the contract to supply of their product within central business district.
According to the judge, the termination was unlawful. “I enter judgement in favour of the Paul Maina T/A Mweru General Merchants as against Kenya Bottlers Limited for Kshs. 1,112,107.00 with interest thereon at court rates from the date of filing suit until payment in full”, Justice Tuiyot ruled.
The amount is what the distributor had projected to make for six months. However, the court rejected claims for losses of Sh1,086,607, the businessman claimed.
The Judge found that the trader enjoyed benefit of a premises in town for about 16 years and no loss could have ensued in this respect because the termination without reasonable notice was for six months.
