The Senate Committee on Labour and Social Welfare, chaired by Sen. Julius Murgor (West Pokot), today convened to hear from both Kaplan & Stratton Advocates, representing Kenya Breweries Ltd. (KBL), and Advocate Harrison Kinyanjui, who is representing 125 former KBL employees in an ongoing case regarding unpaid compensation. The case involves claims from former employees who were laid off by KBL and have yet to receive their full severance pay.
The session followed a tense earlier meeting between the Committee and the Advocates Complaints Commission (ACC), where the issue of compensation payments was raised in a petition filed by the 125 aggrieved former employees. At the start of the hearing, Advocate Harrison Kinyanjui raised an objection, citing that the matter was a live judicial proceeding and was therefore sub judice. He pointed out that a related hearing for the settlement of final dues for the former employees was scheduled for May 2, 2025.
Kinyanjui referenced Senate Standing Order 103, which limits Parliamentary discussions on matters currently before the courts to avoid potential prejudice. However, the Committee insisted on moving forward with the hearing. Sen. Miraj Abdullahi cited a Speaker’s Ruling from 2018, affirming that the Committee could still exercise its discretion to hear the matter despite its ongoing judicial process.
Sen. Gloria Orwoba reinforced the Committee's authority under Article 125(1) of the Constitution, asserting that the Committee has the power to summon witnesses and gather information equivalent to that of the High Court. Sen. Beth Syengo also supported proceeding with the session, citing the Committee’s need to adhere to petition timelines and avoid unnecessary delays.
Representing Kaplan & Stratton Advocates, Advocate Peter Gachuhi distanced the firm from the central complaints in the petition, which he argued were related to disputes between Advocate Kinyanjui and the petitioners. Gachuhi maintained that the firm had complied with the Court’s judgment by paying Ksh. 9,405,541 to Kinyanjui’s firm, which was subsequently meant to be passed on to the petitioners. He presented signed discharge vouchers as proof that the payment had been made in full and final settlement.
However, the Committee pointed out discrepancies between the settlement documents and the actual court judgment. Sen. Orwoba referenced Paragraph 14 of the Court judgment, which specifically dealt with withheld refundable deposits, and compared it with other parts of the judgment regarding one-month salary in lieu of notice, which had not been paid.
Advocate Kinyanjui acknowledged this distinction, confirming that the funds paid by Kaplan & Stratton were indeed related to the withheld deposits, not the one-month salary that was still due. He clarified that the one-month payment was pending and was waiting on the outcome of an appeal lodged by KBL.
This raised questions about whether Kaplan & Stratton Advocates had fully complied with the court’s order, especially regarding the one-month compensation for unlawful termination. Sen. Seki Lenku (Kajiado) suggested that the Committee might need to escalate the matter by summoning the CEO of EABL, KBL’s parent company, to clarify the situation further.
In response, Mr. Gachuhi requested that the Committee await the outcome of the related court ruling on May 2, 2025, which could potentially resolve the outstanding issues.
The Committee’s session was marked by detailed questioning from Senators, pressing for clarity on the payment process and accountability. As a result of the proceedings, the Committee directed the Advocates Complaints Commission to follow up with Kaplan & Stratton on the transfer of the outstanding one-month compensation to Advocate Kinyanjui, with a firm deadline set for June 2025.
Sen. Orwoba also requested that the petitioners issue an apology to Advocate Kinyanjui for any negative perceptions that he had failed to account for the compensation, as he had in fact acted on their behalf pro bono to secure their justice.
Sen. Seki echoed her sentiments, urging the petitioners to remain patient and appreciate the efforts made by Advocate Kinyanjui, who had worked tirelessly to secure the petitioners’ rights and is committed to seeing the matter through to completion.
The case, which continues to generate significant public interest, is expected to come to a final resolution in May, potentially bringing closure to the long-standing dispute over unpaid compensation for the former employees of KBL.
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