A construction firm seeking to secure more than Sh3 billion ahead of a proposed sale involving global drinks giant Diageo Plc has sued Kenya Breweries Limited (KBL), accusing the company and its parent firm of failing to protect female workers from sexual exploitation, harassment, and abuse.
Jilk Construction Limited has moved to the High Court, seeking orders compelling Diageo Plc and Kenya Breweries Limited to compensate its female employees for alleged violations of their constitutional rights during the execution of a construction project at the Kisumu Brewery.
The petition is pending directions before Justice Njoki Mwangi.
Claims of Sexual Harassment and Unsafe Work Environment
In court documents, Jilk alleges that Diageo and KBL condoned, aided, and abetted sexual exploitation, harassment, and abuse of its female employees, contrary to Sections 5 and 6 of the Employment Act and Sections 23 and 24 of the Sexual Offences Act.
The firm claims the two companies failed to create a safe and conducive working environment, exposing female workers to alleged sexual aggression. It further alleges the conduct was racially discriminatory, claiming the victims were Black women while the alleged perpetrators were white officials of the Diageo Group and its consultants involved in Project Nafasi at the Kisumu Brewery.
Alleged Retaliation Against Complainants
Jilk further claims that two female employees who reported sexual harassment were later lured to leave its employment and taken up by another firm, creating the impression that submission to sexual advances was rewarded.
The construction company alleges that Diageo and KBL failed to implement or enforce sexual harassment policies, and that senior officials responded with hostility when complaints were raised.
According to the firm, even after the alleged victims reported the matter to the police, Diageo and KBL failed to cooperate with investigators, later distancing themselves from one of the accused individuals by claiming he was employed by a separate foreign company.
Whistleblower Report Dispute
Jilk is also asking the court to quash a whistleblower report that was forwarded to the Directorate of Criminal Investigations through a letter from KBL’s advocates dated July 26, 2022.
The firm alleges that the whistleblower report was fabricated and used to undermine its claims before an arbitral tribunal, amounting to an abuse of the court process.
Constitutional Violations Alleged
Jilk argues that the conduct of Diageo Plc, KBL, and East African Breweries Limited violated the female workers’ constitutional rights under Articles 27, 28, 41, 48, and 50 of the Constitution, including the right to equality, dignity, fair labour practices, and access to justice.
The firm is seeking declarations affirming the alleged violations and general damages for losses it claims arose from corruption of the justice process.
Consultant Appointments and Regulatory Issues
The company further alleges that Diageo Plc violated Sections 48 and 51 of the Engineers Act and Sections 7 and 8 of the Architects and Quantity Surveyors Act by appointing Aurecon South Africa (Pty) Ltd and Linesight Quantity Surveyors as consultants for the Kisumu Brewery project.
Jilk also claims that the Competition Authority of Kenya has yet to address its concerns, warning that its pursuit of justice may be frustrated by Diageo’s planned divestiture from Kenya through the proposed sale of its shares in EABL to Asahi Group Holdings Ltd.
The firm wants the Competition Authority to consider the outcome of the court case before approving the transaction.
No Other Proceedings, Firm Tells Court
Jilk maintains that aside from the pending arbitration and the present petition involving KBL, there are no other legal proceedings between the parties.
“Despite demand and notice of intention to sue, the defendants have not made amends, thereby making this suit necessary,” the company states in its court filings.