The Senate Committee on Labour and Social Welfare, chaired by Sen. Julius Murgor (West Pokot) today heard responses from both law firms of Kaplan & Stratton Advocates representing Kenya Breweries Ltd. and Advocate Harrison Kinyanjui representing 125 former employees of KBL in an ongoing probe over unpaid compensation to former Kenya Breweries Limited (KBL) employees who had been laid off.
The hearing, which follows a previous tense engagement by the Committee with the Advocates Complaints Commission (ACC), aimed to clarify issues raised in a Petition to the Senate brought by 125 aggrieved former KBL staff.
At the outset, Advocate Harrison Kinyanjui raised an objection on the issues being a live Judicial proceeding and therefor sub Judice, on the grounds that an imminent Hearing of settlement of final dues to all former KBL employees in this case was coming up for hearing on 2nd May 2025.
The lawyer cited Senate Standing Order 103, which restricts Parliamentary discussion on matters currently before the courts to avoid prejudice.
However, the Committee insisted on hearing the matter and Sen. Miraj Abdullahi referenced a Speaker’s Ruling of 2nd August 2018, noting that even if active judicial elements are present, the Committee retains discretion on whether to proceed with a hearing before it.
Sen. Gloria Orwoba further reinforced the Committee’s powers under Article 125(1) of the Constitution, affirming their authority to summon and gather information equivalent to that of the High Court.
Sen. Beth Syengo supported proceeding with the session, pointing out that the Committee is bound by petition timelines and cannot delay proceedings indefinitely in deference to Court schedules.
Kaplan & Stratton Advocates, represented by Advocate Peter Gachuhi, opened their submissions by distancing the firm from the central complaints in the petition.
Mr. Gachuhi emphasized that the core grievances appeared to relate to Client and Advocate issues between Harrison Kinyanjui on the one hand and the Petitioners on the other hand, and allegedly not Kaplan & Stratton.
“We paid the firm of Harrison Kinyanjui Adcocates the judgment sum of Kshs. 9,405,541 as ordered by the Court for remittance to the Petitioners.These amounts were made in full and final settlement and discharge vouchers were duly signed. Those are legal and binding documents,” stated Mr. Gachuhi.
However, the Committee pointed out discrepancies in the Consent which Mr. Gachuhi was citing with the Judgement, noting that this was only part of the payments to be made to the former employees.
In that regard, Sen. Gloria Orwoba drew attention to the Consent filed and co-signed by Kaplan & Stratton and Harrison Kinyanjui Advocate s, which referenced Paragraph 14 of the Court judgment—a section specifically dealing with withheld refundable deposits, not the one-month salary in lieu of notice referenced in paragraphs 18 and 20 of the Judgement.
Advocate Kinyanjui acknowledged this distinction, stating that indeed what had been paid by Kaplan and Stratton was paid to the Petitioners and that it wa “the full and final settlement was in respect to the withheld monies.” and not the one month notice payments which were still to be paid awaiting the outcome of an appeal lodged by KBL.
This I turn raised questions about whether Kaplan & Stratton Advocates had indeed fully complied with the judgment of the Court.
Sen Seki Lenku (Kajiado) noted Mr. Gachuhi’s hesitancy and suggested that the Committee could escalate the matter by summoning the CEO of EABL, KBL’s parent company.
Mr. Gachuhi, in response, requested the Committee to await the outcome of a related court ruling scheduled for 2nd May 2025.
This absolved Advocate Kinyanjui from blame before the Committee and points more squarely at Kaplan & Stratton’s failure to fully execute the judgment of the Court, especially in regard to the non payment of the one month damages for unlawful termination to the former employees.
The session was characterised by pointed inquiry by the Senators who pressed for clarity and accountability.
In terms of resolutions, the Committee directed the Advocates Complaints Commission to follow up with Kaplan & Stratton on the transfer of the outstanding sums of the one month damages to be remitted to Advocate Kinyanjui for forward transmission to the 125 Petitioners, with a firm deadline of June 2025.
Sen. Orwoba requested the Petitioners to apologise to Advocate Harrison Kinyanjui for the negative impression created that he had failed to account for their dues when this was not the case at all.
Sen. Seki equally requested the Petitioners to be patient in that regard and appreciate the work and effort of Advocate Harrison Kinyanjui which had been rendered pro bono to secure them Justice.
John Kariuki 
John Kamau