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Friday, April 11, 2025

Senate Grills Law Firms in Controversial KBL Compensation Case as Questions Linger Over Unpaid Dues

 


 The Senate Committee on Labour and Social Welfare, chaired by Senator Julius Murgor (West Pokot), today held a critical session to probe the long-running compensation dispute involving 125 former employees of Kenya Breweries Limited (KBL).

In a heated hearing, the Committee listened to submissions from Kaplan & Stratton Advocates, representing KBL, and Advocate Harrison Kinyanjui, acting for the aggrieved ex-employees. At the heart of the matter are claims of unpaid dues following a mass layoff at the company, with petitioners accusing KBL of failing to honour a court judgment in full.

Advocate Kinyanjui opened the session by contesting the Committee’s jurisdiction, citing Senate Standing Order 103, which bars Parliament from discussing ongoing judicial proceedings. He argued that a court hearing to finalize the remaining settlement is scheduled for 2nd May 2025.

However, the Committee dismissed the sub judice objection. Citing a Speaker’s ruling from August 2018, Senator Miraj Abdullahi said the Committee retains discretion in such matters. Senator Gloria Orwoba supported the position, affirming the Senate’s powers under Article 125 of the Constitution to summon and examine witnesses.

Kaplan & Stratton, represented by Advocate Peter Gachuhi, insisted that KBL had fully settled its obligations by paying KES 9.4 million to Advocate Kinyanjui for disbursement to the former staff. “Discharge vouchers were signed, and these are binding,” Gachuhi stated, distancing the firm from claims of incomplete payment.

However, Senators challenged this assertion. Senator Orwoba pointed out that the court consent referenced by Gachuhi pertained only to withheld deposits, not to the one-month salary in lieu of notice outlined in the judgment’s later sections.

Under questioning, Advocate Kinyanjui confirmed that the amount received covered only the withheld monies, and not the additional damages, which he said were pending due to an appeal by KBL. This revelation shifted focus back to Kaplan & Stratton and raised concerns over whether the firm had complied with the court’s full directive.

Senator Seki Lenku (Kajiado) suggested escalating the matter by summoning the CEO of East African Breweries Limited (EABL), KBL’s parent company, to answer for the outstanding payments. Advocate Gachuhi appealed to the Committee to await the court’s verdict in May.

In a major turn, the Committee cleared Advocate Kinyanjui of any wrongdoing, with Senator Orwoba urging the petitioners to apologize for previously accusing him of withholding funds. She and Senator Seki praised Kinyanjui’s pro bono efforts in pursuing justice for the former employees.

The Committee directed the Advocates Complaints Commission (ACC) to investigate Kaplan & Stratton’s compliance and ensure the outstanding one-month salary payments are transferred to Advocate Kinyanjui for distribution. A deadline of June 2025 was set for the resolution of the matter.

The session concluded with renewed pressure on KBL’s legal representatives and a reaffirmation of the Senate’s role in safeguarding workers' rights and ensuring accountability from powerful institutions.


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Item Reviewed: Senate Grills Law Firms in Controversial KBL Compensation Case as Questions Linger Over Unpaid Dues Rating: 5 Reviewed By: Vipasho News
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