Report On The Petition Concerning The Failure By Kenya Breweries Limited, Kaplan & Stratton Advocate And Harrison Kinyanjui Advo

PAR oF LIAM KEN ENT YA LlB RARY l&Bx..'. " .--r. MINUTES OF TIIE TIINTTI l0M) MEETINGOF THE STANDING COMMITTIE ONLAIIOUR ANI) SOCIAL W .o)-+10 . ,ti,i ,$,4z ,tNI O. E s e tr EI,FAII.E HELD IN COMMIl'TEE IIOOM7 FIRST FLOoR. ]}UNGIi TOWERONTUtrSDAY.ll IEMaRCH 2025 AT 11.00 AM. MEMI}IiRS PITESI.]N'I' l. Sen. Crystal Asige, Mp 2. Sen. Lenku Seki Ole Kanar, Mp 3. Sen. Miraj AbdulahiAbdulrahman, Mp 4. Sen. Beth Syengo, Mp APOLOGIIIS SECITETAITIA'I' Ms. Mwanate Shaban Ms. Florence Waweru Mr. l;rank Mutulu Ms. NdindiKibathi Ms. Nigma Duale Mr. Nicholas Arusei Mr. Jackson Wekesa Mr. Abdalla llore Sen. Julius Murgor Recha, CBS, Mp Sen. (Ittd.) Justicc Stcwart Madzayo,CBS, IIGI-I, Mp Sen. Erick Okong,o Mogeni, SC, Mp Sen. Alexander Munyi Mundigi, Mp Sen. Gloria Orwoba, Mp

• Vice-Chairperson
• Membcr
• Member- Virtually
• Member

I 2 3 4 5

• Chairperson
• Member

-Member

• Member
• Member
• Senior Clerk Assistant
• Clerk Assistant
• Media Relations Officer
• Research Officer
• Research Officer
• Audio Officer
• Legal Counsel
• Sergeant-at-Arms

I 2 3 4 5 6. 7. 8. 1'he mceting was called to order by the chairperson at ll.15 a.m., followed by a worcr of prayer. MIN/SEN/SCLSW50/2025: PRAYERS

MIN/SEN/SCLSW/5l/20252 ADOPTION OFAGE.NDA The Agenda was adopted after being -proposed by and seco=ndcd by Sen' Miraj Abdulrahman' MP as follows - Sen. Beth SYengo, MP 1 2 3 4 5 Prayer; Adoption of the Agenda; Confirmation of tne Minutes of the 1"' 2nd' 3'd' 4th' 5tt" 6th' 7th ' 8th and 9th Committee Meetings; Matters arising from the Minutes of previous Committee Meetings; consideration of the petition regarding the failure by Kenya Breweries Limited, Kaplan & Stratton Advocates and Harrison Kinyanjui Advocates to pay "olnp"nrution awarded to Petitioners' (Committee Paper No' 8); 6. Any Other Business; and 7. Date of the Next Meeting and Adjournment MIN/SENiSCT,Sw/5 212025| CO ION OF 't'II li MrNU't'IS T l.TheMinutcsofthcl.tSittingheldonTuesday,llthFebruary,2025couldnotbe . "onn,."a due to lack of quorum from the Senators prescnu 2. The Minutes or,n" zio"iiillrg i"ra on Monday, 24th February,2025 at 11.00 a'm' were confirmed to be a true recorJ of the deliberations having been proposed by Scn' Miraj Abdulrahman, MP and seconded by Sen' Lenku Seki Ole Kanar' MP; 3. The Minutes or tne :li ii*r"g held on Thursday, 27th February ,2025 at 8'30 a'm' were conhrmed to be a true recorJof the deliberations having been proposed by Sen' Lenku Seki Ole Kanar' MP and seconded by Sen' Beth Syengo' MP; 4. The Minutes of the ;; Sitting helj on Tuesday' 4th March' 2025 at 8'30 a'm' were confirmedtobeatruerecordoftt,"d"lib.,ationshavingbeenproposedbySen.Lenku Seki Ole Kanar, MP and seconded by Sen' Beth Syengo' MP; 5.TheMinutesofthe5thSittingheldonTuesday,4thMarch,2025at10.00a.m.were confirmedtobeatruerecord_ofthedeliberationshavingbeenproposedbySen.Lenku Seki Ole Kanar, MP and seconded by Sen' Beth Syengo' MP; 6.TheMinutcsofthe6.hSittingheldon.luesday,4thMarch,2025at12.00p.m.were confirmedtobeatruerecordofthedeliberationshavingbeenproposcdbyScn.I-enku Seki Ole Kanar, MP and seconded by Sen' Beth Syengo' MP;

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7. The Minutes ot tt " iil Sitiing held tn Wednesday, 5th March, 2025 at 8'30 a'm' were confirmed to be a true recori of the deliberations having been proposed by Sen' Beth iy"ngo, MP and seconded by Sen' Miraj A66ultahman' MP a) The Minutes of the;;-Sitting held on Thursday' 6h March' 2025 at 8'30 a'm' were confirmedtobeatruerecord-ofthedelibelationshavingbeenproposedbySen.Miraj Abdulrahman, MP and seconded by Sen' Beth Syengo' MP; b) The Minutes of tf'" Siniini"g heli on Thursday' 6th March' 2025 at 10'00 a'm' were confirmed to be a true recorJof the deliberations having been proposed by Sen' Beth Syengo, MP and seconded by Sen' Miraj Abdulrahman' MP' 2

I'REVIOUS COMMITTEE MEETINGS CONSIDI]RATION OT- THE PETITION IIEGARDING THE WINDING UP ANID LIOUIDATION OF THE TECHNICAL LINIVERSITY OF KENYA STAFF RETIREMENT BENEFITS SCHEME Members sought clarification on whether the Central Organization of Trade Unions (COTU- K) was to be cngaged on the maters raiscd in the Petition and were informed that the Universities Academic Staff Union(UASU) was non-affiliated to it hence they would not be partisan to the discussions therein. REGARDING THE FAILURE I}Y KENYA BII.EWEIIIES LIMITEI) KAI'LAN & STRATTON ADVOCATES AND HARRISON KINYANJUI ADVOCATES TO I'AY COMI'ENSATION AWARDED TO PETITIONERS' A. Committee briefing 1. The Committee was briefed on Committee Paper No.8 on the Petition under consideration with the legal Counsel and Research Officers highlighting their respective briefs as follows - a) 1'ha1 atthe sittingofthesenatcheldon l8thliebruary,2025aPetitionconcerningthe failure by Kenya Breweries Limited, Kaplan & Stratton Advocates and Harrison Kinyanjui Advocates to pay compensation awarded to Petitioners for wrongful termination of employment was read and referred to the Committee Pursuant to Standing Order 238 (1); b) That the issues raised in the Petition were as follows; ll Lawrence Ndutu and 125 others were former employees of Kenya Breweries Limited who were wrongfully dismissed from employment in contravention of the Memorandum ofAgreement entered; That the Petitioners filed a petition in court namely Lawrence Ndutu & 125 others v Kenya Breweries Limited & Another (HCC No.279 of 2003); The Plaintiffs in the court matter were represented by the firm of Flarrison Kinyanjui Advocates; MIN/SEN/SCLSW53/2025: MATTERS ARISING FROM THE MINUTES OF U nde r Ex-MI N/S E N/S C LSW4 7/20 2 5 MIN/SEN/SCLSW|54/2025: CONSIDELATIONOFTI.IEI'ETITION l. lu. J

1V VI vl1 vlll 1X There were 6000 claimants (former employees) against Kenya Breweries who were represented by the following firms; J llarrison Kinyanjui & Co Advocates, Namada & Company Advocatcs and OP Ngoge & Co Advocates; On 24th January 2018, FIon Justice Sergon delivercd a judgement in favour oflawrence Ndutu and 6000 others that found - a) The decision to cause the plaintiffs to take an early retirement was unlawful and in breach of the Constitution as well as the plaintiff's agreement of employment; b) lhe defendant (Kenya Breweries) was to pay cach of the plaintiffs damages for loss of employment amounting to the equivalent of one month's salary as at the time of employment; c) The defendant refunds the plaintiffs a sum of Ksh 30,180,685/: being the amount withheld in terms of thc schcdulc filed by the firms of advocates of which the sum of Ksh 9,405,5411: was to be paid to Lawrence Ndutu and 125 others; d) '.lhe defendants cover the cost of the suit; and e) The defendant pays interest on the above sums at court rates from the date ofjudgement to the day of full payment being affected. On 29th March 2018, I-Iarrison Kinyanjui Advocates wrotc to Kapian & Stratton demanding payment. On 4th July, 201 8, Mr. Kinyanjui sent discharge vouchcrs for his clients via letter. The forms indicated that the named party had accepted the paymenl specified in the forms as full and finai settlement. Mr. Kinyanjui explained to each plainliff that thcy wcrc accepting Ksh. 9,180,675 as ordered by the court and mentioned that each individual would receivc damages for loss of employment equivalent to one month's salary. Mr. Kinyanjui claimed that he would appeal the decision regarding the compensation for loss of employment. The Petitioners paid a sum of Ksh. 250,000 to J Flarrison and Company Advocates to file an appeal at the Court of Appcal with regard to compensation for the loss of employment. The appeal was never pursued. On 3 1 st December 2023, Kaplan & Stratton Advocatcs paid the sum of Ksh 1,000,000 to thc firm of J Harison Advocates being the party's cost of the suit as awarded by the court. With interest accrued on the decretal sum up to 3 i st November 202 1 l'he plaintiffs constantly sought updates conccrning thc appeal from J Harrison Advocates. However, the firm was not forthcoming, stalling and used threats against them, this led to the filing of a complaint with the Directorate of Criminal Investigations (DCI) 4 x

xl xll xnl xlv XV While at the DCI, the petitioners discovered that Kaplan & Stratton had filed a consent to mark the suit as settled for the clients of J Harrison Advocates on 20th December 202 t. Subsequently on l2th January 2022, J I-Iarrison Kinyanjui & Co Advocates forwarded a signed consent to Kaplan & Stratton without the petitioner's authority or knowledge. Kaplan & Stratton and I-larrisson Kinyanjui Advocates had failed to pay interest to the sum of Ksh 4,350,171 as at 3lst December 2022,but instead paid up to November as well as the damages for loss of employment as amounts to one month's salary at the time of employment. Efforts had been made to the Advocates Complaints Commission with unsatisfactory response. 'l'he petition was not pending in any court of law or legal body; and The Petitioners'prayers were that the Senate investigates the matter with a view to- recommending that the outstanding dues to the Petitioners are settled and make recommendations conceming the acts of commission or omission on the part of the Advocates who acted for the petitioners. II That in 1997 Kenya Breweries Ltd began a business reengineering process which ultimately led to the termination of services of some of its employees, including the Petitioners Lawrence Ndutu, and 125 other persons,' The Petitioners were allegedly disclosing matters touching on the conduct of an A<lvocate, namely, J. Harrison Kinyaniui & Company Advocates tn the handling of the settlement of a class action labour suit-I/CC No. 279 of 2003, concluded after a long-winded period ofabout 15 years, on dishonesty, failure to account for client funds and othcr related fees chargeable by the advocate; and 'l'he Petitioners alleged that they had lodged a complaint with the Directorate of Criminal Investigation and also the Advocates Complaints Commission though there wcre no supporting documents to that effect. 2. 'lhat the Committee would engage the Petitioners to gain a better understanding and history of the matter and thereafter hold a meeting with the mapped-out stakeholders; and 3. That the Petitioners should present to the Committee all supporting documentation and evidcncc on actions taken through thc various oversight bodies on the matter. 5 l]. Committee observations and comments llt. C. Committccrcsolution

2 ) Members proposcd thc need for the Committec to hold a work- retreat to bring the new members up to speed on the workings of the Committee as the Committee also reviews its pending work and mid-term performance; There was need to relook at the Committee-mectings' timings to cnsurc participation and full attendance by all members; and That the Committee would engage the Central Organization of Trade Unions (COTU-K) on workers' welfare matters that are before the Committee. MIN/SEN/SCLSW15612025 ADJOURNMENTANI) I)ATT] OF THE NIiXI' MIitrTING The meeting was adjoumed at 12.03 p.m with the next meeting being on notice SIGNATUIIE.... (c EIISON: SIiN. LIUS MURGOR RECHA, MI') DATE -lrlls *tr t8 t4a*h ,}OLS t 6 I MIN/SEN/SCLSW55/2025: ANY O'IIIlill lltlSINIiSS

6,\*10 .ta .rS.*hz COMMI'I''I'I'Ii ON LAT}OUIi. ANI) SOCIAI, WEI,I,'AITE HIII,I) IN COMMITTEE 1. Sen 2. Scn 3. Sen 4. Sen 5. Scn 6. Scn Julius Murgor l{echa, Cl}S, MP Crystal Asige, MP Alexander Munyi Mundigi, MI'} Lenku Scki Ole Kanar, MP Miraj Abdulahi Abdulrahman, MP Ileth Sycngo, MP

• Chairperson
• Vicc-Chairperson
• Member
• Membcr- Virtually
• Member
• Mcmbcr
• Member

-Member

• Member
• Senior Clerk Assistant
• Clerk Assistant
• Media Relations Officer
• Research Officer
• Audio Officer
• Legal Counsel
• Protocol Officer
• Sergeant-at-Arms

l. Sen. (Rtd.) Justice Stewart Madzayo, CBS, EGH, MP 2. Scn. Erick Okong'o Mogeni, SC, MP 3. Sen. Gloria Orwoba, MP Ms. Mwanate Shaban Ms. Florence Waweru Mr. Frank Mutulu Ms. Ndindi Kibathi Mr. Nicholas Arusei Mr. Jackson Wekesa Ms. Swaluha Yusuf Mr. Abdalla Bore Mr. Lawrence Kyalo Mr. George Njigu Mr. Mohammed Said Mr. Jamcs Nginga

• Chairman (Lead Petitioner)
• Secretary (Lead Petitioner)
• Petitioner
• Petitioner

I 2 3 4 5 6 7 8 I 2 ., 4 rOA sE!r $ir-'- ---e' MINUTES OF THE ELEVENTH (11TU) MEETING OF THE STANDING ROOM 6. FITTST FLOOII. BUNGII TOWER ON THUR.SDAY, I3TE-MANCTT,2Q2s AT 11.00 AM. MtrMBEIT.S PITESENT APOLOGIIiS sIcREl'AltIAl' IN-AT'TENI)ANC}]

5 6 1 8 9 Mr. Kenan Komora Mr. Mary Wambugu Mr. James Saiyalel Ms. Agnes Mburu Mr. Betty Mburu The meeting was called to order by the Chairperson at 11.21 a.m. followed by a word of prayer. MIN/SEN/SCLSW/58/2025: ADOPTIONOI.-A(;ENDA The agenda item was deferred MIN/SEN/SCLSW16l12025: CONSIDEITATION OF I'IIE PIITI'IION ITEGAIIDING TIII' FAILUIIE I}Y KENYA I}IIEWIiITIES LIMITIiI) KAPLAN & STIIATI'ON ADVOCATtrS AND IIAIUIISON KINYAN.IUI ADVOCATIIS TO PAY COMI'IINSA'I'ION AWAIIDED TO PETI'I'ION[],IIS' 2

• Pctitioner
• Petitioner
• Petitioner
• Petitioner
• Pelitioncr

MIN/SEN/SCLSW57/2025: I'ltAYEllS The Agenda was adopted after being proposed by Sen. Lenku Seki Ole Kanar, MP and seconded by Sen, Alexander Munyi Mundigi, MP as follows - l. Prayer; 2. Adoption of the Agenda; 3. Confirmation of thc Minutcs of the Itt and 1Oth Committee Mectings; 4. Matters arising from the Minutes of prcvious Committce Meetings; 5. Consideration of the Petition rcgarding the failure by Kenya Brcwerics Limited, Kaplan & Stratton Advocates and I-Iarrison Kinyanjui Advocatcs 10 pay compensation awarded to Petitioncrs' (Committee Paper No.9); 6. Any Other Business; and 7. Date of the Next Meeting and Adjoummcnt. MIN/SEN/SCLSW/59/2025: CONFIRMATION OF THE MINUTES OF TIIE FIRST AND TENTH MEETINGS This agenda item was deferred. MIN/SEN/SCLSW60/2025: MATTERS AIIISING FnOM THE MINUTES OF I'REVIOUS COMMITTEIi MEETINGS

1. Mr. Lawrencc Ndutu bcgan by stating they were wrongfully dismissed from employment by Kenya Breweries Limited, in contravention of the Memorandum of Agreement entered and they had filed a petition in court namely Lawrence Ndutu & I25 others v Kenya Breweries Limiled & Another (HCC No. 279 of 200j); 2. Thal there were about 6000 claimants (former employees) against Kenya Breweries but were represented by different firms. The Petitioners were about 125 who were represented by J I{arrison Kinyanjui & Co Advocates. Others were represented by Namada & Company Advocates and OP Ngoge & Co Advocates; 3. That on24th January 2018, FIon. Justice Sergon delivered a judgement in their favor and 6000 others that found - i. f'hc dccision to causc the plaintiffs to take an early retirement rvas unlavrful and in breach of the Constitution as well as the plaintiff's agreement of employment; ii. T'he defendant (Kenya Breweries) was to pay each of the plaintiffs damages for loss of employment amounting to the equivalent of one month's salary as at the time of employment; iii. The defendant refunds the plaintiffs a sum of Ksh 30,180,685/: being the amount withheld in terms of the schedule filed by the firms of advocates of which the sum of Ksh 9,405,547/:was to be paid to Lawrence Ndutu and 125 others. iv. The defendants cover the cost ofthe suit; and v. l'he defcndant pays interest on the above sums at court rates from the date of judgcmcnt 1o the day of full payment being affected. 4. 'l'lrc Pctitioncrs stated that the Kshs, 9,405,541 was undisputed refundable deposit since it was the amount that Kenya Breweries had withheld (Kshs. 50,000 or Kshs 100,000) from their terminal dues to be relunded once the company clears with a particular employce; 5. 1'hey thercfore agreed with their lawyer that he appeals for damages on the first judgement. IIe advised them to acccpt the Kshs, 9,405,541 plus intcresl as he pursues the appeal; 6. On 29th March 2018, Harrison Kinyanjui Advocates wrote to Kaplan & Stratton demarding payment; 7. In July, 2018, Mr. Kinyanjui sent discharge vouchers to them with the forms indicating that the payment specified in the forms was the full and final settlement; 8. that Mr. Kinyanjui explained to them that they were accepting Ksh. 9,i80,675 as ordered by the court and mentioned that each individual would receive damages for loss of employment equivalent to one month's salary further informing them that he would appeal the decision regarding the compensation for loss of employment. The Petitioners also statcd that they were made to sign discharge vouchers by their lawyer in 2018 but rvere paid in 2022; 3 A. Prescntation from the Petitioncrs

9. That they paid a sum of Ksh. 250,000 (deductions of Kshs. 2,000 from cach of them totailing to Kshs. 250,000) to J. Flarrison and Company Advocates to file an appeai at the Court of Appeal with regard to compensation for the loss of employment. Though the appeal was never pursued; 10. On 31st December 2023,Kaplan & Strafion Advocates paid the sum of Ksh 1,000,000 to the firm of J Ilarrison Advocates, being the pafly's cost of the suit as awarded by the court. With interest accrued on the decretal sum up to 3 i st November 2021; 11.That they had constantly sought updates concerning the appeal from J Harrison Advocates. However, the firm was not forthcoming, stalling and used threats against them, this led to the filing of a complaint with the Directorate of Crirninal Investigalions (DCI); 12. The DCI also availed documentation to them that indicatcd that inciudcd an email from Mr. Harrison Kinyanjui stating that he was following up on the appeal, but the documentation he provided to DCI showed that he had signed a conscnt for closing thc case with Kaplan & Stratton, the advocates for the Kenya Breweries Ltd; 13. While at the DCI, they discovered that Kaplan & Stratton had filed a consent to mark the suit as settled for the clients of J I-Iarrison Advocates on 20th December 2021 , which Mr. Kinyanjui had signed without informing them; l4.That subsequently on 12tl'January 2022, J }larrison Kinyanjui & Co Advocates folwarded a signed consent to Kaplan & Stratton without the petitioncr's authority or knowledge; 15.The Petitioners added that they also the Advocates Complaints Commission, which advised them to take up the matler with the tribunal despite acknowledging that the petitioners had not been paid one-month award and two months intcrest; 16.The Petitioners stated that they were paid the Kshs. 9,405,541 and interest less two months interest as they were paid in January 2021 but interest was upto November 2020. 17. The payment from the Company was silent on the one month damagcs that was awarded to the Petitioners; l8.The Petitioners concluded by stating that they were praying to thc Scnatc to assist them in- a) Getting the one-month award plus interest up to the date that they will receive payment; b) The two-months interest previously accumulated plus the interest accumulated up to now; c) The Kshs. 250,000 that was paid to their advocate; d) Cause the advocate to give the widows and orphans of the colleagues who were deceased but were part of 125 who received award; e) Take action against their lawyer for malpractice of misadvising and lying to them. 0 Kaplan & Stratton and Ilarrisson Kinyanjui Advocates had failed to pay interest to the sum of Ksh 4,350,771as at 3l't December 2022,brtl instead paid up 1o November as well as the damages for loss of employment as amounts to one month's salary at the time of employment; and g) Relooking into the matter of the number of years worked versus the damages they received. 4

1. 'l'hat in 1991 Kcnya Ilrewcries Limitcd underwent a restructuring to cut costs and improve efficiency through automation which saw the closure of its Mombasa and Kisumu plants. 'Ihe re-engineering led to redundancies with over 6000 employees Iosing their jobs; 2. During the said transition, the company withheld sums of money from the employees to cover for debts and liabilities owed to the company. The company retained ksh.100,000 for the staff in Mombasa and Ksh.50,000 for the staff in Nairobi and Kisumu; 3. That based on the existence of the Memorandum of Agreement with their former employer dated 5ft December, 1997 and 29th July, 1999, the Petitioners filed a representative suit on behalf of other former employees of Kenya breweries limited whose terms and conditions of employment were govemed by the memorandum of agre ement; 4. 'l'he suit- HCC No. 279 of 200 j, was concluded afler a long-winded period of about 15 years and the Claimants were succcssful. The judgment was delivered by the Hon. Justicc Sergon on24th January 2018 as ordered, as follows: a) A declaration that the Plaintiffs' early retirement was in breach of the constitution and their terms of employment; b) Ihe Defendant to pay the Plaintiffs one months'salary as damages for loss of employment; c) Ihe Defendant to refund the Plaintiffs the sums of KES 30,180,685 in the following proportions: i.Plaintiffs represented by Namada & Company Advocates KES.20,775,1441: and ii.Plaintiffs represenlcd by J. I-Ianison Kinyanjui & Company Advocates KES.9,405,541/: d) I-he above sums to bear interest from the date ofjudgment till payment in full; e) 'I'he Defendanl to bear the costs of the suit. 5. The Petitioners beforc thcm were the ones who had been represented by the flrm ofl Ilarrison Kinyanjui & Company Advocates,' 6. 'l'hat following delivery of the judgment, Mr. I-Iarrison Kinyanjui, Advocate, wrote to Kaplan and Stratton Advocates on29th March 2018, and demanded that he receive their decretal sums on their behalf through his client account; 7 . Ihat in April, 201 8, Mr. Kinyanjui Advocate made them sign discharge vouchers to the effect that the amount they were to receive was a full and final settlement of the matter; yct the funds they rcceived were thc monics that had been deducted from their terminal ducs- i,e the Ksh.50,000 and Ksh. 100,000 respectively; 8. Thal the voucher signing process seemed to be a misleading move by the advocate to his clicnts; 9. Despite the foregoing the Petitioners alleged having paid Mr. Kinyanjui Advocate, the sum of KIIS 250,000/: to lodge an appeal at the Court of Appeal against part of the 5 B. Committce observations and findings

judgement relating to compensation for loss of employment yct thc appeal was never lodged; 10. That the Petitioners are Members of the Kenya Union of Commercial Food and Allied Workers; 11. That the Petitioners allegedly did not receive paymenl lor intcrcsl in ftrll up to 31't January 2022; and 12. The Petitioners had lodged a complaint with the Directorate of Criminal Invcstigation and the Advocates Complaints Commission, though the Commission found the firm faultless, through a Ietter dated24th Ju|y,2024. 1. The Committee resolved that they will look into the post judgcment matter and enquire whether the petitioners received what was rightfully theirs and will invite the Advocates Complaints Commission to clariff on the complaint lodged by the Petitioners; and 2. On the issue of damages for loss of employment, the Committec advised that the petitioners may always lodge an appeal on their case . There was no other business SIGNATURE.... (CHAIRPERSON: S JULIUS MIJRGOR RECHA, MI') {uasd t gttn f4a,:ct^ , ?oaS DATE 6 C. Committeeresolutions. MIN/SEN/SCLSW62/2025: ANYOTHERIIUSINESS MIN/SEN/SCLSW63/2025 ADJOURNMENT AND DATE OF THE NEXT MEETING The meeting was adjourned at 12.23 p.m. with the next meeting being on notice.

^f Nt9ir E SEN 1. Sen 2. Sen 3. Sen 4. Sen 5. Sen, 6. Sen, Julius Murgor Recha, CIIS, MP Crystal Asige, MP Miraj Abdulahi Abdulrahman, MP Alexander Munyi Mundigi, MP Beth Syengo, MP Gloria Orwoba, MP

• Chairperson
• Vice-Chairperson
• Member
• Member- Virtually
• Member- Virtually
• Member
• Member
• Member
• Member
• Principal Clerk Assistant II
• Clerk Assistant
• Legal Counsel
• Fiscal Analyst
• Media Relations Officer
• Research Officer
• Research Officer
• Audio Officer
• Chairman
• Secretary
• Petitioner
• Petitioner
• Petitioner
• Petitioner
• Petitioner
• Petitioner

1. Sen. (Rtd.) Justice Stcwart Madzayo, EGH, MP 2. Sen. Erick Okong'o Mogeni, SC, MP 3. Sen. Lenku Seki Ole Kanar, MP Ms. Mwanate Shab:rr Ms. Florence Waweru Mr. Jackson Wekesa Ms. Joy Kyalo Mr. I?rank Mutulu Ms. Ndindi Kibathi Ms. Nigma Dualc Mr. Nicholas Arusei PF],'I'ITIONI.],IIS Mr. Mr. Lawrence Kyalo Mr. George Njogu Mr. Mohammed Said Mr. James Nginga Mr. Kenan Komora Mr. Mary Wambugu Mr. James Suiyanga Ms. Agnes Mburu I 2 3 4 5 6 7 8 #!t=:-,,..,--e. MINUTES OF TIIE EIGHTEENTI{ (I8IE) MEETING OF THE STANDING COMMIT"TEE ON LABOUR AND SOCIAL WEI,FARE HELD IN COMMITTEE ROOM 2. FIRST FLOOR. BI]NGE TOWER ON TUESDAY. 8TE APRIL.2025 AT 11.00 AM. MEMBEITS PRESENT AI'OLOGIES SECITETAITIAT IN-ATTENDANCE l. Z. )- 4. 5. 6. 7. 8.

9. t0 ll t2 l3 l4

• Petitioner
• Petitioncr
• Pctitioner
• Pctitioncr
• Pctitioncr
• Petitioner

Mr. Betty Mburu Ms. Bernice Wangechi Mr. Andrew Nyarib Ms. Marietta Mariadeta Ms. Mary Philomena Mr. Julius Mulwa Mr. George Nyakundi Mr. Kenneth Kikwai Ms. Mary Maina I 2 3

• Commission Secretary
• Principal State Counscl
• Legal Assistant

MIN/SEN/SCLSW I IO7 /2025: PIT.AYITRS 1'he meeting was called to order by thc Chairpcrson at 11.15 a.m., followed by a word of prayer. MIN/SEN/SCLSWI 08/2025 ADOPTION OF AGENDA The Agenda was adopted after being proposcd by Sen. Crystal Asige, MP and seconded by Sen. Miraj Abdulrahman, MP as follows - 1. Prayer; 2. Adoption of the Agcnda; 3. Coniideration of the Petition concerning the allegcd failure by Kcnya Brewcrics Limited, Kaplan & Stratton Advocatcs and Harrison Kinyanjui Advocates to pay compensation awarded to various Petitioners.(Co mmittee Paper No. I 3); 4. Any Other Business; and 5. Date of the Next Meeting and Adjoummcnt. l. Thc Committee considered a brief on the Petition abovc, noting thc key issucs and the responses submitted by the Advocate Complaints Commission' 2. The Committee then welcomed the guests, followed by introductions after which thc Advocates Complaints Commission made their submission. D Submissions hy thc Advo catcs Comrr laints Commission The Commission presented as follows - l. The Commission is established under Section 53 ofthe Advocates Act (Cap 16) Laws of Kenya, is responsible for receiving and investigating complaints against advocates, 2 ADVOCAI'ES COMI'LAINTS COMMISSION MIN/SEN/SCLSW/I O9i2O25: CONSIDEITATION OF'I'I.IE I'II'I'ITION CONCERNING TIIE ALLEDGED FAILURI] BY KENYA BREWERIES LIMITED. KAI'LAN & STRATTONADVOCATES AND HARRISON KINYANJUI ADVOCATES TO PAY COMPENSATION AWARDED TO VARIOUS I'ETITIONERS'

2 3 4 5 6 l 8 law firms, and thcir employees. It functions as a technical department within the Officc of ihe Attorney General and the Department of Justice; ihcy clarified that ii only deals with professional misconduct by advocates and cannot handle employmeni or contractual disputes, including discharge vouchers or scttlement agreements, which are court matters' .rn.yuao.a"tr,atthePetitionershadlodgedacomplaintwiththeCommissiondated 9th 'Iebruary ,2023 againstMr. I{arrisJr Kinyanjui and following an assessment of the documenti proviaca, thcy narrowed it down to possible. acts of professional misconduct as follows- failure to provide any/adequate professional seryices despite ;;t_; of fees, withholding monies collected on behalf of a client, overcharging and claiming costs not justififu by circumstances and failing to behave with integrity' 'l'he Petitioners accused Advocate Harrison Kinyanjui of failing to file an appeal, ovcrchargingthem,andwithholdingtheirfunds.IheACClimiteditsinvestigation to misconduct asPects onlY. .l.hc Acc confirmed thai Kaplan & Stratton Advocates sent KES 14,756,312 to I-Iarrison Kinyanjui Advocates for the Petitioners. Discharge vouchers signed by the petitioners were submitted as proof of full settlement, even though one month's salary, as ordered by the court, had not been paid' .t'fre ACC highlighied four possible misconduct issues: Failure to provide proper service after being paid, withirolding client funds, Overcharging and unjustified costs and Lack of intcgrity affecting public trust' Aftcr reviewing lll submissioir, tt " ACC found no sufficient evidence to support the aiiegations, an[ by signing discharge vouchers, the Petitioners accepted full and final puyi-,"n, and waivid lr.tt.. ilui.t. Therefore, expecting an appeal was unreasonable. No misconduct was found. 'l'he ACC advised the Petitioners to pursue professional negligence claims in court, as this is outside its scope. they weie informed of their right to appeal to the High Court or complain to thc Advocatcs Disciplinary Committee' After conduciing an inquiry, the Commission is authorized to either reject the complaint, promote reconciliation, facilitate an amicable settlement, or, in cascs of serious oi aggravated disciplinary offenses, file a formal complaint with the Advocates Disciplinary Committee (ADC); Aftcr initiating-an inquiry and reviewing responses from Kaplan & Stratton Advocates and I-Iarrison Kinyanjui & Company Advocates' the Commission dcterminccl tl.rat thc allegations of piofessional misconduct could not be substantiated' as a rcsult thcy rcjcctcd the I'etitioners' complaint and advised that there were other options availatle to them in case they were dissatisfied with the said decision and further on their right to appeal the decision at the High Coud' 9 t0 ii) Sub m issio ns by thc Pctitioners l'hc Pctitioncrs submittcd as follows - 1. 'l'hcy were dismissed by Kenya Breweries Limited and filed a successful petition for wrongful dismissal in court; 2.Aboutl25formeremployeeswererepresentedbyJ.Harrison.Kinyanjui&Co. Advocates.Afterthejudgment,Mr.Kinyanjuimadethemsign-d-ischargevouchers, claiming the amount -reclived was a full and final settlement. However, the funds wcrc dcductions from thcir tcrminal ducs (Ksh. 50,000 and Ksh' 100,000)' making thc vouchcr signing mislcading; J

iiD Committce observations and commcnts The Committee made the following observations - Scopc of ACC's Mandatc: fhc ACC's mandatc is clcarly outlincd, yct it focuscd solely on professional misconduct allegations, advising the Pctitioncrs to addrcss employment or contractual issues separately. 'l'his points to a relativcly lenient approach in handling the complaint. Confirmation of Payment: The payment of Ksh. 14,756,312 was confirmed by Kaplan & Stratton Advocates, and discharge vouchers were signcd by the Petitioners. This confirmation is crucial in addrcssing the Petitioncrs' clairns, particularly regarding thc cxpcclation ofan appeal or furthcr actions Dischargc vouchcrs and l'ult Scttlcment: 1'he signcd dischargc vouchcrs served as a settlement agreement, with the Petitioners acknowledging full paymcnt. I'Iowevcr, it appears they may have been misled into accepting this settlement. Importance of Documentation: The Petitioners should ensure they maintain proper documentation, including signed agreements, receipts, communication records, and any other relevant evidence to support their claim and establish the facts clcarly. Public Trust and Professional Intcgrity: 'l'hc lack of intcgrily mcntioned potentially undermincs public trust in thc lcgal profcssion. 1'here[ore, thc ACC should have taken the complaint more seriously and conductcd a thorough investigation. Implications for Future Cases: This case highlights the importance of well- documented evidence when filing complaints against professionals. It also emphasizes the need for clear agreements and understanding of the finality ofactions likc signing discharge vouchers. iv) Committcc resolutions The Committee resolved as follows - 2 3 4 5 6 1 To engage the Offrce ofthe Attorney General's for reports on all complaints lodged through the Commission and their statuses; To engage the Commissioncrs of ACC on further steps on the Pctition, and a rcvicw of the bommission's functionality and relevance, with rccotnmcndations for improvement; and The Advocates Complaints Commission to be present in the meeting scheduled for Thursday, 10th April 2024, with Kaplan & Stratton Advocates and J. Harrison & Kinyanjui & Co. Advocates regarding the Petition. 2 J 4 3. Mr. Kinyanjui assured them hc would appeal the compensation lor loss of employment, for which they paid him; 4. Thiy frequently sought updates from J. I-Iarrison Advocates about the appeal, but thc firm stalled, threatened them, and failed to provide information. l'his led them to filc complaints with the DCI and the Advocatcs Complaints Commission; and 5. They were appealing to the Committee for help in recovcring thc lunds paid to Mr. Kinyanjui for the appcal, as wcll as the unpaid onc month's salary and two months' intcrest as per thc court's award judgcmcnt. I

l l_l Ill MINiSEN/SCLSWI10/2025: ANY OTHER BUSINESS 'l'hcre was no other business MIN/SEN/SCLSW/I 1 1/2025 MEETING 'l'hemcetingwasadjournedat12'47p'm'withthenextmeetingbeingonnotice SIGNATURE (CI{AIRPFIIISON: SEN' JULIUS MURGOR RECHA' MP) DATE: FridaY, l6tr'MaY, 2025 4 5

1. Scn 2. Sen 3. Sen 4. Scn 5. Sen 6. Scn /. Sen Julius Murgor Recha, CBS, MP Crystal Asige, MP Alexander Munyi Mundigi, MP Lenku Seki Ole Kanar, MP Beth Syengo, MP Gloria Orwoba, MP Miraj Abdulahi Abdulrahman, MP

• Chairperson
• Vicc-Chairperson
• Member
• Member
• Member
• Member
• Member- Virtually
• Member
• Member
• Principal Clerk Assistant II
• Clerk Assistant
• Legal Counsel
• Fiscal Analyst
• Media Relations Officer
• Research Officer
• Audio Officer
• Chairman (Lead Petitioner)
• Secretary (Lead Petitioner)
• Petitioner

1 2 3 4 5 6 7 AP()Lo(;IES 1. Sen. (l{td.) Justice Stewart Madzayo, EGH, MP 2. Scn. Erick Okong'o Mogeni, SC, MP Ms. Mwanate Shaban Ms. Florcnce Waweru Mr. Jackson Wekesa Ms. Joy Kyalo Mr. l:rank Mutulu Ms. Ndindi Kibathi Mr. Nicholas Arusei IN-A1'1'IiNDANCE Mr. l,awrence Ndultu Mr. George Njigu Mr. Mohammed Said 1 2 3 {!}iL.'-- _—ft MINUTITS OF THE NINETEENTII (19I]!) MEETING OF THE STANDING COMMITTEE ON LABOUR AND SOCIAL WELFARE HELD IN COMMITTEE ROOM 3. FIRS'T FLOOR. BUNGE TOWER ON THURSDAY. l0M. AI,RIL, 2025 AT MIiMI}IiIIS PR.ESEN'[ S r,t( ]l t,t't'A tt t,,\'t' I'Ii'I'I'I'IONIiIIS

4. 5. 6. t. 8. 9. 10 11 12 Mr. James Nginga Mr. Kenan Komora Mr. Mary Wambugu Mr. James Suiyanga Ms. Agnes Mburu Mr. lletty Mburu Ms. Bernice Wangechi Mr. Andrew Nyarib Mr. Julius Mulwa

• I)ctitioncr
• Petitioner
• Petitioner
• Petitioner
• Petitioner
• Pctilione r
• Pctitioner
• Petitioner
• Petitioner
• Commission Secretary
• Principal Statc Counsel
• Legal Assistant
• Advocatc
• Pupil

I 2 3 ADVOCA'I'ES COMPLAI N'I'S COMMIS SION Mr. Gcorgc Nyakundi Mr. Kenneth Kikwai Ms. Mary Maina Mr. Petcr Gachuhi Ms. Sandra Mogeni I 2

• Advocate

The meeting was called to order by the Chairperson at I 1 . 19 a.m. followed by a word of prayer. This was followed by introductions from all present. The Agenda was adopted after being proposed by Sen. Crystal Asige, MP and scconded by Sen. Miraj Abdulrahman, MP as follows - 1. Prayer; 2. Adoption of thc Agenda; 3. Consideration of the Petition concerning thc allcgcd failure by Kcnya Breweries Limited, Kaplan & Stratton Advocates and Flarrison Kinyanjui Advocates to pay compensation awarded to various Petitioners.(Co mmiltee Poper No.14); 4. Any Other Business; and 5. Date of the Next Meeting and Adjournmcnt' 2 KAPI,AN ANI) STITATTON AI)VOCATES 1 . Mr. J. I larrison Kinyanjui MIN/SEN/SCLSW/r1212025: PIIAYERS .I.IIARIIISON KINYANJUI & COMI'ANY ADVOCATES MIN/SEN/SCLSW/ll3/2025: AI)OP'IION OF AGIiNDA

MIN/SItN/SCI,SW/tt4/2025: CoNSIDIIItA.IION OFTHEP IITITION CONCI'R NING 1'HIi ALLEI)GEI) FAILURIi I}Y KI]NYA tlti.EwtiRIIIS LIMITEI) KAPI,AN &S'IIIAl'1'ON ADVOCA1'ES ANI) IIAIUIISON KINYAN.IUI ADVOCATES 1'O I'AY COMT'ENSA 1-ION AWAIIDBD TO VAIIIO US PETITIONEITS' I . 'l'hc committcc considercd the pctition and briefcd the advocates on thc procccdings of thc prcvious mcctings with the 'etitioners and the Advocatc Complaints Commission (ACC on thi matter. 2' Mr' Flarrison Kinyanjui, an advocate who had represented the petitioners in court, claimed that he had not received the invitation tetter ana supporting ^ documents, having only become aware of the matter through the media. 3' IIowcvcr, the Committee provided email evidence confirming that the retter had bccn duly sent on 3'd April 2025,therebyresolving the issue. 4' Additionally, Mr. Kinyanjui raised an iu.lection on grounds of sub judice to prevcnt the committee from considering the petition. He was advised that, pursuant to the Speaker s ruling and the precedence on the same set on 2nd August, 201 g by the speaker of the Senate on the Solai Dam, that a.rpit. ,utt... bcing subjudice, matters.concerning human rights and issues of public interest arc adrnissiblc for consideration by committee-s notwithstanding ongoing court procecdings. rhe committee resorved that the matter touches on h,man rights and that is an issue ofhigh public interest. ' 'l'hc committee members requested that the Lead- Advocates guests take an oath prior to presenting their responses; and 5 a) Subnris sions b Ka Ian and Stratton Advocatcs 2 J l'he firm acknowledged receipt of the senate's letter dated 2nd Aprir, 2025, requesting a comprehensive response to the petition; 'I'hcy furthcr confirmed that it acted for Kenya Breweries Limited (KBL) in the marler of FICCC 27g of 2003, where some of the petitioners were piaintiffs. The firm had also been instructcd to rcspond to the current pctition on behalfofKenya Brewcries Limited; That thc Petition concerned former employees of KrlL who accepted earry retirement during a corporate re-engineering and earry retirement program excrcisc which occurred between rggT andzOOt, auring which KBL offered an carly retirement package; 'l'hc said package was voruntary and offered better terms than statutory redundancy packagcs and upon accepting the offer, employees were fully paid all entitlements as per the agreement. The package in.fri.a'_--" i. Pay in lieu of leave (calculated on a pro_rataiasis); ii. Pay in lieu of 4 months'notice; iii. 75Yo otbasic monthly pay x number of years of service; 3 4

s. l hal the case who were ini y sorne of thc formc split arnon yara & Co. Advoca tes, but .lalcr r cmployces o.P. Ngo cates, Namada & C That Justrce Dr. Se that the early ret rgon delivered rremcnt was u Judgrnent on 24th January 20 18, ordering _ o. Advocalcs, r. Declaration rv. Wages and aliowances earned up to lasl day ofservrce; and v. 100% of 8e & Co. {dye 8- J. Harrison , IICCC No. 2 tia.lly repres ross monthl cates and Kinyanjui ented by 79 ot200 ypayxc Orwal & Man Gitobu Iman & Co. Advo 3 was fi-lecl b omplctcd ycars wa & Co. Adv of scrvicc ocate 1o 6 () 10. Tha Advocales since and that the firm Thafthe pedfion did app not acknowled eared to be reJiti s ], One rnonth, s salary to each Plainriff as damagcs nconstitutional and unlawful; u.l. Refund of v. Costs to 20,77s,14 frorn the d be bome 4andJ KES 30 by Kst ate ofjud Harrison , t 80,68s, gment; and Kinyanjui & allocated as_ Co. Advocates Namada & Co KEs 9,405,541 rv. Interest Advocatcs: KI iS 7 TharKBL beli eved thejud menl was errone paid, Consequently, it fiicd a Noricc of Appea.l againsl thc ruiing on 6r,l 1 bruary, 2018 ous, arguing all dues had already been 8. ThatMr. Kin thc c.lients ' acco refore, agreed unt yanj and later sent si stating that pa ul wrole to them not to pursue yment gned di on29 would be in full scharge vouche and final sett.lemenr. KBL on 4th July 2018, rh March 201g demanding payment vja his rs signed by aii his clients Decretal su thar KBL m, Intercsl (u paid Ksh discharge; 14 pto3 ,7 56,312.35 on 2 I n rhc appeal against Kinyanjui,s clients in consideration of the costs. The it as settied wa firrned in a leftc and Ksh. 1,000 r daled 20th Dc January 2022 vi ,000 in pa ccmbcr 2 a R'I'GS 021 ; consc rty and part , rncluding nt to mark su payment was con I'r Nov 202 I ) v II withdrawn; and , inc.luding, prin t KBL is ready fKsh. 62 an Appeal prcvio crpai ,878, Pay the 292 amounl, Interest 663 was paid to s srgned and ret usly plaintiffs reprcse 719 piaintiffs and party an fiicd by thi.s group ha d party costs; ntcd by Otw d sincc bccn al & Manwa payment o urned on 12rh J Co anuuy 2022 and a further represented by Namada & representatives to pa b) Subnlr.ss t0nsb J. llarrISon Kin AD uI & Co Arlvo CA te gating issues airead Y or account for e any failure on the y addrcssed and se11lcd an/ cornPensation part of KBL or its iega.l I. I{e srated that his fir empioyees in a case involvin m represenled a ot)roup of 125 former Ke been represented by other Iaw firrns b nsation. The said indivi n),a Brewcries l_1 g compe s 2 The representa ancial difficu.ltles; ut sought representa tion duals had iniriall from Kinyanjui, v firm due to fin d s rse of the.litigation The lega.l process for cornpensati rn case NAIROBI HCC 279/2003. The on was carried ou Discharge Vouche t according to the Iligh Court,s ..Judgment ntarily by the be the entire cou tron had been provided pro bono, with no legal fecs invoived during 3 by the court, were executed volu 4 neficiaries; rs, as ordered

4. jjach of lhc pcritio Chcclues, which w ncrs rcccivcd lheir sharc of thc compcnsation via Bankers 'l har dcspire rhc di Sacco), which he r Proposcd a schcm That a dispute aro rntsconduct had bc e.;ccted as unlawful and e.to remit the funds to se whcn Lawrence Nd n rarsed by any of the b crc . Propcrly docurnentc fraudul uttu, a a colle encfic d ctive group acco cnl No allcgations ol rarres regarding the representative of t unt (Ken_Brex he plaintiffs, process; 5 coercion <lr lL-re firm has kcpt of funds havc cvcr a record of all spule, no formal co bcen made by any ofthe beneficiaries mplaints or accusati ons of misappropriation compensation acc Pa}ments, and the individuals who received the 8 The case of Ke ording lo the co urt-approved Discharge Vouchers; ongoing, with so nya Breweries Ltd compensatin 8 rts former employees was me individuals seeking to challenge the judgment ofHon. Justice Sergon in IICC 2 79/2003,hcnce th uld amount to subjudice; and c Commiftee should cease consideration ofthe mattcr since it wo 9 Addirionally, the firm appeared i Nduttu & Others v Kenya Bre terests of the clie weries Limited n the Court of A nts it rep (Civil A ppe resents ppeal No. EO6g/20 al in the case La 24) ana w?ence will contr'nue to defend the in 6 7 c) Co DIIIII ttcc0 l'vatioIt dc s an {)DI Ill cn t.s l. The Commi Iinal sctllc which clearly i clairns on the ttee observcd ndicated thal Ken basis tha ya Breweries Li t all affected in thar rhe payments receive dividuals ha mrted (KBL d were i d signed ) had dis n full and discharge puted the Petitioners, v<luchcrs, 2 lhc Com mcnt of all claims arising frorn rhe.ludgment paragraph mrltee lunhcr 3 lhe Com 14 only and no noted thal the t the award of onc month b discharge vo y the court ucher signed referred to s; and rnandatc to rnrttec furthcr o uphold transparency and acc Y lnquire into fh bserved thar the Advoca c complain ountability t, thereby fa tcs Comp.lai lling short o nts Commiss f its lon had failed to adcquatel d) coNI nlittccrc.solutio n b.sc 5 'l hc Comrnittce dirccl rhe martcr il;';;:i:t'Lhc Advocatcs Cornpl y,aruicutartl ,n, ,rr,)ll aciriratrng L-urrrplainls comrnission to arhibate on ':'*i"^,^;:ru:::,1;:i;;i*;xii:::::"1;w,"{^',:; i i,r"',.* il1 ;[['il-= :i' [:::i, 3 ;:H::; il H"i,, ti,? ;l # produce';;il#'i*,i'l.b:,h taw nrn i:;$*ff ]'i"#ff ' r :ril:r"l:: x; H# *:[:*i i",m # cricnt rundsl;.#:::lk,:ll'::l * fiduciary breaches in the handring or

lv. Examine the u.,' ;, ;; -,;';#li,;*Xl :ilil;.: :"): 27 e o r 2 0 0 3 )a r onss i d c r hc c urren r ^ tssues. J _—r vr\.\\aps, rnconst slcnc ics, or prciiously rcsolvcd 2. The Committee re status of imp.l.n1"rto''"0 that the commiss' tut;on ortr,. c-offiil;;:fi;1,;::jo the commirlcc on MIN/SEN/SCLSWIt5D025: ANyOTHER BUSTNESS l'herc was no other busincss. The meeting was adjourned at L30 p.m MEETING with the next meeting being on notice 1l SIGNATURE....... (cHArRPEIrso N: SEN. JULIUS MUITGOII ItEC}IA, MI') DATE: Friday, 16th May,, 2025 6 MIN/SEN/S CLS w/I I 6/2025

3Nr or I sE$ Julius Murgor Recha, CBS, MP Crystal Asige, MP (Rtd.) Justice Stewart Madzayo, EGH, MP Ilrick Okong'o Mogcni, SC, MP Miraj Abdulahi Abdulrahman, MP Alexander Munyi Mundigi, MP Beth Syengo, MP Gloria Orwoba, MP l. Sen 2. Sen 3. Scn 4. Scn 5. Sen 6. Sen /. sen, 8. Sen.

• Chairperson
• Vice-Chairperson
• Member

-Membcr

• Member- Virtually
• Member
• Member
• Member- Virtually

SECII.I]'I'AIUAl'

• Member
• Principal Clerk Assistant II
• Clerk Assistant II

-Legal Counsel II

• Media Relations Officer
• Research Officer III
• Research Officer III
• Audio Officer
• Protocol Officer
• Sergeant-at-arms

l. Ms 2. Ms 3. Mr 4. Mr 5. Ms 6. Ms 7. Mr. 8. Ms. 9. Mr. Mwanatc Shaban Flore nce Wawcru Jackson Wekesa Lomenen Junior Ndindi Kibathi Nigma Abdi Nicholas Arusei Swaluha Yusul John Pere {st."-=..--=e. MINUTES OF THE TWENTY-EIGHTH (281E) MEETING OF THE STANDING COMMITTEE ON LABOUR AND SOCIAL WELFARE HELD IN MINI CHAMBER. FIRST FLOOR. COUNTY HALL BUILDING. ON MONDAY I9I!] MAY.2025 AT 11.00 AM. M E,MI]IIRS I'RItSIi]N]' APOI-OGIES l. Scn. Lenku Scki Ole Kanar, MP

IN-A1'1'ENDANCE PEl'I'I'IONIiITS Mr. Lawrence Nduttu Mr. George Njogu Mr. Mohammcd Said Mr. Jonathan Mwendwa Ms. Fatuma Chacha Ms. Mary Watiri Mr. David Mutuvi Mr. Maurice Sakwa Mr. Betty Mburu Ms. Elizabeth Nzuki Ms. Bernice Wangcchi Ms. Philip Kinyanjui Mr. Andrew Nyaribo Mr. Dominic Ngure

• Lead Petitioner
• Chairman
• Petitioner
• Petitioncr
• Petitioner
• Petitioner
• Petitioner
• Petitioner
• Petitioner
• Petitione r
• Pctitioncr
• Petitioner
• Petitioner
• Petitioner

l. 2. 3. 4. 5. 6. 7. 8. 9. l0 il 12 l3 14 ADVOCAI'ES COM PI,AINTS COMMISSION l. Mr 2. Mr 3. Mr 4. Mr 5. Mr George Nyakundi Dennis Njagi E-dris Ahmed Naghea Daido Victor Njcnga

• Commission Secretary & CEO
• Advocate
• Advocate
• Advocate
• Advocate
• Advocate
• Advocate
• Pupil

KAI'I,AN AND S]'I{ATTON ADVOCATES Mr. Peter Gachuhi Ms. Maria Ngala Ms. Sandra Mogeni I 2 3 The meeting was called to order by the Chairperson at I 1.00 a.m. followcd by a word of prayer. This was followed by introductions from all present. MIN/SEN/SCLSWl16612025: ADOPTION OF AGENDA The Agenda was adopted after being proposed by Sen. Alexander Munyi Mundigi, MP and seconded by Sen. Beth Syengo, MP as follows - 1. Prayer; 2. Adoption of the Agenda; 3. Meeting with Advocates Complaints Commission on thc Committce resolution on mediation and review in relation to the Petition concerning the allcgcd failure by Kenya Breweries Limited, Kaplan & Stratton Advocates and Harrison Kinyanjui 2 MIN/S!lN/SCt,SW/165/2025: l'RAYEIIS

2 RI]SOLUTION ON MEDIATION AND IIEVIEW IN ITEI,Al-ION'I'O THI.] PE]'I'I'ION CONCERNING A. Committcc bricfing The Committee considered the Petition submitted to the Senate on Tuesday, l8th February 2025 regarding the alleged failure by Kenya Breweries Limited (KBL), Kaplan & Stratton Advocates, and Harrison Kinyanjui Advocates to fully pay court- awarded compensation to former employees of KBL (the Petitioners). Thc Committee noted that it had met the petitioners, the Advocates Complaints Commission and the Lawyers of the Party and at its mecting held on Thursday,lOth April 2025 with all the stakeholders present, the Committee directed the ACC to mcdiate and facilitate enforcement of the judgment award. Specific directions included: a) Requesting full disclosure of all compensation disbursement records from KBL and reconciling these with what the Petitioners received, b) I{olding oral hearings with Kaplan & Stratton and Harrison Kinyanjui Advocates and demanding supporting documentation, including payment instructions, fee agreements, client account records, and powers of attorney (if any); c) Reviewing for statutory, ethical, or fiduciary breaches in the handling of client funds; d) Examining the court file in HCCC No. 279 of 2003 to identifu ovcrlaps or inconsistencies with the Petition. e) The Committee requested that the ACC report back on the status of implementation of these directives by Thursday, 15thMay2025. The Chairperson then invited the ACC to present their report. 5 B. l)rcscntation bv the Advocates Comnlaints Commissio n(ACC ) The Commission Secretary of the ACC began by acknowledging receipt of the Senate Comm.ittee's resolution on Tuesday,22"d April 2025,regarding the Petition on thc allegcd failure by Kenya Breweries Limited (KBL), Kaplan & Stratton 3 Advocatcs to pay compensation awarded to varions Petitioners.(Co mmittee Paper No. 22) 4. Any Other Business; and 5. Datc of the Next Mecting and Adjoumment. MIN/SEN/SCLSW/16712025: MEETING WITH ADVOCATES COMPLAINTS COMMISSION ON THE COMMITTEE .I'HE ALLEGED FAILURE tsY KENYA BREWERIES LIMITED. KAPLAN & STRATTON ADVOCATES AND HARRISON KINYANJUI ADVOCATES TO PAY COMPENSATION AWAR-DED TO VARIOUS PETITIONERS

Advocates, and Harrison Kinyanjui Advocates to pay compensation awardcd to former KBL employees. The ACC emphasized its role in ensuring access to justice and legal ethics through mediation and structured review. 2. tle explained that Kenya's advocate disciplinary process is co-rcgtrlatory, involving the Judiciary, Law Society of Kenya (LSK), ACC, and the Disciplinary 'l)'ibunal (DT). The ACC functions as an independent investigatory and prosecutorial body under Section 53 of the Advocates Act. 3. IIe described described its investigative and disciplinary mandate undcr thc Advocates Act, including recciving complaints, promoting Af)R, rclcrring lnattcrs to the DT, and awarding compensation up to Kshs. 100,000. It also outlincd thc In- Ilouse ADR (IHADR) process and situations appropriate/inappropriate lor mediation. 5. He stated that Petitioners accused Mr. Kinyanjui of overcharging, withholding money, and failing to appeal. ACC indicated that the complaint did not mcet thc threshold for professional misconduct and advised complainants to pursue the mattcr either before the DT or through a court of law. 6. He added that following Senate proceedings, two complainants filed new claims against Mr. Peter Mbuthia Gachuhi of Kaplan & Stratton. ACC concluded that the complaints were outside its jurisdiction as they concemed employer obligations and interpretation of discharge vouchers. 7. He reported that the ACC had convened oral hearings on Thursday, 8th May 2025 with both advocates. The sessions aimed to- verify fee agrecmcnts and clicnt instructions, review payment records and interest calculations and asscss the validity ofdischarge vouchers and their legal effect. 8. During the oral hearings, Mr. Harrison Kinyanjui stated that he had acted for 125 claimants upon their request. He confirmed receipt of the Kshs. 14.7M and disburscd funds via bankers' cheques, except for deceased claimants' estates lacking lcttcrs of administration. He denied wrongdoing and claimed his refusal to channel funds through a claitnant SACCO led to the cornplaints; and 9. Mr. Peter Mbuthia Gachuhi confirrned KBL's position that the payment was in full and final settlement, as evidenced by discharge vouchers and court consents. tle maintained that the interest was accurately computed and there was no pcnding litigation with the 125 claimants. 4 4. FIe explained that the petition stemmed fi'om Nairobi HCCC No. 279 of 2003, where approximately 6,000 ex-KtsL cmployces sued for unlawful tennination. Judgmcnt in 2018 awarded various compensations. Mr. Ilarrison Kinyanjui, representing I 25 claimants, received Kshs. 14,756,3 12 in January 2022 via Kaplan & Stratton Advocates.

10. On its Findings and Lcgal Position, he reported that - a) Thc 125 claimants signed binding dischargc vouchers releasing KBL frorn further claims; b) There was no fee agreement between Mr. Kinyanjui and the claimants, though Kshs. 55,000 was paid by each for disbursements; c) '[he claimants had not pursuedjudicial redress against the vouchers; and d) No proof of misappropriation by either advocate was found. I l.lle concluded that only a court could interpret or invalidate the discharge vouchers and dctermine if the l-month salary claim was excluded from the settlement. '12. I Ie ended by citing several operational challenges faced by the institution and advised thc Committee that mediation was inappropriate as the dispute was employment- rclated and involved a corporate defendant; and that the court is the appropriate forum lor lurlher re solution of thc dispute concerning the I -month salary. 13. They further informed the Committee that the Petitioners'advocate, Mr. Harrison Kinyanjui, had filed a Certificate of Urgency application before the High Court of Kenya seeking enforcement of the outstanding judgment sums, scheduled for 'l'hursday, 22d May 2025. C. Commcnts bv Kanlan & Stratton Advocatcs Kaplan and Stratton maintained that it was KBL's position that the payment was in lull and final settlement, as evidenced by discharge vouchers and court consents. D. Comnrcnts by thc Pctitioncrs 'l'he Pctitioners had acknowledged their advocate, Mr. Harrison Kinyanjui, had filed a Certificate of Urgency and a motion before the High Court seeking enforcement of the outstanding judgment sums, and that they had expressed disappointment that, despite the lavourable judgment delivered in 2018, they had not yet received the full compcnsation awarded by thc court. E. Committcc observations and comments Mcmbers of the Committee observed that there existed a legal ambiguity arising from thc apparent contradiction between the discharge vouchers executed by the claimants and the conscnt recorded in court. It was noted that while the discharge vouchers appcarcd to signify full and final settlement of all claims, the consent suggested that on ly the award under paragraph l4 of the judgment had been settled. Thc Corrunitlee acknowledged the submission by the Advocates Complaints Commission (ACC) to thc cffect that thc claimants had voluntarily signcd the 5 2

., 4 discharge vouchers, and that neither fraud nor coercion had been alleged or proved. The ACC had further stated that thc language of thc vouchers precluded fulther claims against Kenya Breweries Limited (KBL), and that interpretation of their legal effect could only be undertaken by a court of law. Committee members further noted that the ACC had clearly indicated its lack of jurisdiction over employment disputes involving corporate entities such as KIIL, and had advised the Petitioners to seek redrcss through the judicial proccss. It was therefore the considered position of the Committee that thc legal questions surrounding the validity, scope, and enforceability ofthe discharge vouchers and the court consent required interpretation by the High Court. The Committee emphasized that only a court of law could provide a binding and enforceable resolution, taking into account all relevant contractual and statutory considerations. The Committee recommended that, in light of the pending Certificate of Urgency application filed by the Petitioners' advocate, Mr. I{arison Kinyanjui, before the Fligh Court seeking enforcement of the outstanding judgment sums, any further action by the Committee be deferred untilthc Court dclivers its dctermination on the mattcr. There was no other business MIN/SEN/SCLSW I 169 12025 ADJOUII.NMT,]N'I' AND DA'I'E OF'I'HE NEX'I' MEE'TING SIGNATURE (CHATRPERSON: SEN. JUI,IUS MUIIGOR RECHA, MI,) 6 DATE: Friday, 30th May, 2025 F. Committcerecommcndation: MIN/SEN/SCLSW/168/2025: ANY O1'lll.lR IIUSINIISS The meeting was adjourned at 12.35 p.m. with thc ncxt meeting being on notice.

7 iNr Or 6 se$ SE:_-=e. MtNU't'tl S OF THE .I'HIITT Y-SECON D (32 N MEETIN COMMIT'I-EE ON LABOUR AND SOCIAL WELFA NAIVASIIA SAWEI,A I,ODGI' ON FITIDAY 1'Il GOF THE STANDING REHELD IN 30 MAY 2025 AT I 1.00 AM.

• Member-
• Vice-Chairperson
• Member-
• Member- Virtually
• Member- Virtually
• Member- Virtually
• Chairperson
• Member
• Deputy- Director, DDSEC
• Principal Clerk Assistant
• Clerk Assistant
• Legal Counsel
• Research Officer
• Audio Officer
• Protocol Officer
• Executive Secretary
• Accountant
• Serjeant-at-arms

LAKE SEC It ttl'ARIA'I' l. Ms. Veronica Kibati 2. Ms. Mwanate Shaban 3. Ms. Florencc Wawenr 4. Mr. Jackson Wekesa 5. Ms. Ndindi Kibathi 6. Mr. Nicholas Arusei 7. Ms. Swaluha yusuf 8. Ms. Alice Nanyama 9. Ms. Julic Muchiri l0.Mr. James Ngusya l. Scn. Miraj Abdulahi Abdulrahman, Mp 2. Sen. Crystal Asige, Mp 3. Sen. Alexander Munyi Mundigi, Mp 4. Sen. Ijrick Okong'o Mogeni, SC, CBS, Mp 5. Sen. Lenku Seki Ole Kanar, Mp 6. Sen. Beth Syengo, Mp APOI,OGIIIS l. Scn. Julius Rccha Murgor, CBS, Mp 2. Sen. (lttd.) Justice Stewarr Madzayo,Ecl.l, Mp MIN/SEN/SCLSw/I89/2025: PRAYERS Thc mceting was cailed to order by the chairperson at ll.r5 a.m. followed by a word of prayer. MI'MI]EIIS PITESENI'

,VI The seco I ) 3. 4. 5. N/SEN/SCLS 190/20 dc Agenda was adopted aftej nded by..; ;;; .Jr beingproposed by Sen. , . prayer; 01' K;r;;;;'ffi*:xanderMunviMundigi, MP and Adoption of thc Agenda; Consideration of rhe Ite Srrauon Adr".;,";';;",lott.on thc Fairure by Kr Any o t h e r B u s i n es s ;

• tr a*i s on K i ; ;; ;i:

^*o)":1I:, ::;illl"X Hil ; K a p r a n & Date of the Next Meeting and Adjournment. w/ 25: II C onl AI) NS LU PL oP'I' IDE CO FAI KA IO ItA BY & S N KI A OF ON KEN N .I'I NY oN A TT ANJ GtrN OF .I'I I BIt oN IMI SA 1'lII 'tt I) ON DA E AD EW AD Ru vo EIT VO I'() IE CA R'I' SI, 'I'f,l .I'E ,I NI) 1'o RI' AN so PtrNS ts B C-o i1 A oM nlcn UI S I'A Y The Secretariat consir concerned ffi,ffi;t;L1,::: draft report on the petition and note<j thc petition a) Accusations of profe ,, ;i$Ijl Ti ff, ;r [*:l#.,9 :lx!'*xffi : ;HlJi: i.; H,", ",,, d i s h on es r v ., ::::,.T"J*;".'.;;,""wcries Limitcd rcgarding p,yr*, .r"ims madc by rhc ., ilffia* *;ilil1,tffiffiil'ifiilv the pctitioners, indica tin g porcn r ia r ., gfi [+l: ry : .l-:y;:[], ffiif*1,:n x*f .T_ -]' * K i n va nj u i r. r n., o irTiji',l'rlliJilXr,?l1y p.r.,,i""i,,;::';',:::,%Tadecluarc inquiry inro rhc ma*er by"";;;;;" ^tnlorlui's application .""trrg p"r.ent dcspitc scrrring thc NI tn tcc qbserl,atron s an Thc Committee notec gurdelincs is irnportanrl that.ajthough the enl llli, i l c .1 r *,' [ " i.i i' g re a t e r "'o;,' ;. . n " "lfli^ii.!.iii ; : ffi: ]H:*::i,""l fiTt:ffi1i::'l#+:,:1.:Tfl ''" the responiiv',.,,'.,i",,"j',llpu.",.y or rnrrrarrves are ns6s556r1ot:*:o that whilc fol.lc rnsrrrurrons mandared ,],- tu91 t r.titrr" uiJ'u*-.,o actions and public awarencss rc.omm"n de J,h. .;;;i^ I:f io. i"e.i,, a ;: lilL _:!::fl i:l;,i#Hffi1)j implemenratior';;;;;;::l::nt or coordinarion ,u".'t.ppi,g itl';'fi iil, ;:*11is ms to ra ci I i ta tc errccti ve 2 2 MIN/SEN/SCLS WI 9 I /2025: A. Cornmittee bricfins

C. Com nlittcc rcso I u tion MIN/SEN/SCLSw/192/2 025: o.I'I IERB USINtr SS MEETING MENT DATE OF I'IIBNEXT The mceting was adjourned at L30 p.m with thc next meeting being on notice SIGNA'r'UIl11. (crrAIITPERSON: SEN. JULIUS MURG The corrmittee resorved that the consideration and adoption of trre committee Report be 1..f,T,."1Hf;:Ir"orthe comm,_*;; i], ...b..,nr1; ;;";ed ro enhance OR RECIIA, MP) DAl'f : Thursday, lgth May, 2025 J There was no other business. MIN/SEN/SCLSw/l 93/2025

1 '&'g --r-e- MINUTES OF THE THIRTY-NINTH (39III) MEETING OF THE STANDING COMMII'TEII ON LABOUR AND SOCIAL WELFARE HELD IN HILTON (;AIII)I!N INN MAC}IAKOS COUNTY ON FRTDAY I31l!.ruNE 2025 AT 3.00 l) M l. Sen 2. Sen 3. Scn 4. Sen 5. Sen 6. Sen Julius Recha Murgor, CBS, MP Crystal Asige, MP Alcxandcr Munyi Mundigi, MP I-enku Seki Ole Kanar, MP Miraj Abdulahi Abdulrahman, MP Beth Syengo, MP

• Chairperson
• Vice-Chairperson
• Member
• Member
• Member
• Member
• Member
• Mcmbcr
• Deputy- Director, DSEC
• Principal Clerk
• Clcrk Assistant
• Legal Counsel
• Research Officer
• Media Relations Officer
• Audio Officer
• Ilxecutive Secretary
• Serjeanl-at-arms

APOI,OGIES 1. Scn. (l{td.) Justice Stewart Madzayo, EGI-I, MP 2. Scn. IJrick Okong'o Mogcni, SC, CBS, MP LMs 2. Ms 3. Ms 4. Mr 5. Ms 6. Ms 7. Mr 8. Ms 9. Mr Veronica Kibati Mwanate Shaban Ilorcncc Wawcru Jackson Wekesa Nigma Adow I-omenen Junior Nicholas Arusei Alicc Nanyama Jamcs Ngusya MIN/SEN/SCLSW122712025: PRAYERS 'l'he meeting was called to order by the Chairperson at 3.30 p.m. followed by a word of prayer MEMBERS PRESENT SECRETARIAT

2 MIN/SEN/S CLSw122812025: ADOPTION OF AGENDA TheAgendawasadoptedaflerbeingproposcdbySen.AlcxandcrMunyiMundigi,Ml, and seconded by Sen. Lenku Seki Ole Kanar, MP as follows - 1. Prayer; 2. Adoption of the Agenda; 3. Coniideration and adoption of Committee Report on the Petition concerning the failure by Kenya Breweries Limited, Kaplan & Statton advocates and I{anison KinyanjuiadvocatestopaycompensationawardcdtoPetitioners; 4. Any Other Business; and 5. Date of the Next Meeting and Adjournment' 'lhe Committee considcrcd the contents of thc draft Rcport on thc petition picking from where the discussion had stopped on Friday, 30th May ',2025 ' A. Committee Com me nts and Obscrvations. 1. the Committee observed that the matter under consideration has remained 2 J 4 5 unresolved for over tvventy years, despite various efforts by the Petitioners to fr..u. ."d.".s, which is Uott regrcttablc and indicativc of systcmic delays in addressing labour-rclatcd gricvanccs. the Comirittee noted thalthe Petilioners madc serious allegations against their former advocate, Mr. Flarrison Kinyanj ui, citing professional m^isconduct, purti.rru.ry r"lating to dishonesty and failure to account for client funds. The n,is.orrd.r.t uror. iro* a disputi regarding the appropriate legal fces and the omission of a one-month salary award granted by the court' l'he Committee further obscrvcd that Kenya Brewcrie s Limited (KBI-), the formcr .lnploy",ofthePetitioncrs,disputcdtheclaimsbyasscrtingthatallaflectcd indiviiuals had signed discharge'vouchcrs indicating full and final scttlement of claims. However,kBL did not provide any evidence to confirm payment of the one-month salary awarded by the court in its judgment' ihe Committee noted with c-oncern that Kaplan & Stratton Advocates, who represented KBL, referred to the amount paid as the ,,decretal sum,', even though thi payment excluded the one_month salary as expressly awarded by the court ThoCtmmittce considered this represcntation misleading and found it to reflect a lack of good faith on the part of Kaplan & Stratton' The Comiriittee also observed that, despite Kaplan & Slratton's claim that thc mattelwassubjecttoanappeal,therewasnostayofexccutionissucdagainstthc MIN/SEN/SCLSW229/2025 : CONSIDERATION AND ADOPTION OF COMMITTEE IIEPORT ON THE I'ETITION CONCEIINING THE FAILUIIE I}Y KENYA I}IIEWEIUES LIMITEI). KAI'LAN & STRAT'ION ADVOCATI'S AND }IAII.Ii.ISON KINYANJUI ADVOCATI1S TO I'AY COMPENSATION AWAI{DED TO PETIl'IONERS

3 6 Fligh Court's decision. As such, the judgment remains in force and should be actcd upon accordinglY. l'hc Committee reviewed rhc discharge vouchers signed by the Petitioners and notcd that they referenccd paragraph l4 of the judgment-which did not include the one-month salary award granted under paragraph 20(b). Furthermore, the Committee expressed concem that the vouchers had blank spaces for the amount payable at theiime of signing, which were later filled in by hand, with visible ultlrrtions and obscured signatures and stamps. This raised significant questions rcgarding the integrity of the process and whether the Petitioners gave fully informed consent. Thc Committee found that the omission of the one-month salary from the discharge vouchers and the conscnt used to settle the matter reflected professional misconJuct on the part of Advocate Harrison Kinyanjui. The Committee was of the view that the advocate failed to adequately safeguald the interests of his clients. 'l'he committee noted that the Advocates complaints commission (Acc), upon initial rcview, failed to adecluately investigate the complaint lodged by the Pctitioners. I{owever, following the Committee's intervention, the ACC reopened the matter and concluded that the conduct amounted to "professional negligence". The Committee observed that this term is not recognised under the Standards of Professional Practice and Ethical Conduct (SOPPEC) applicable to advocates and, therefore, was inappropriately applied to absolve the advocate ofresponsibility. 'l'he Committcc further observed that the ACC, by using an undefined term and failing to dircctly address the omission of the one-month salary in its findings, fell short of its mandatc as providcd undcr section 53 of the Advocates Act' l'he committee also took note that, following the initiation of its inquiry, Advocate Harrison Kinyanjui filed an application under certificate of urgency on lTth May, 2025 seeking enforcement of the one-month salary award. The Committee noted that the application is currently pending before the courts. I-astly, the Committee noted the ACC's position that only the courts can make a final and binding dctcrmination regarding the settlement of the one-month salary award granted in paragraph 20(b) oflhejudgment dated 24th January,20l8. 7 8 9 ll The Secretariat informed and reminded members of the following- a) A communication from the Directorate of Legislative and Procedural Services on an invitation to a continental consultation meeting on a draft model law on Labour Migration in Africa, I 6th- l 8th June,2025 in Nairobi' 10. B. Committeeresolution l'he committee adopted the Report on the Petition conceming the failure by Kenya Brewcries Limited, Kaplan & Stratton advocates and Harrison Kinyanjui advocates to pay compensation awarded to Petitioners after being proposed by Sen. Crystal Asige, MP and scconded by Sen. Beth Syengo, MP' MIN/SEN/SCLSW230/2025: ANYOTHEIIBUSINESS

4 2 b) Committee consultative engagcmcnt retreat with thc Cabinet Sccrctary, Ministry of Gender, Culture, the Arts and Hcritagc in Machakos County, from 18th -2lst hne,2025; c) End of FY 2024/25 committee performance review and work planning retrcat for the FY-2025/26 in Machakos County from 25th -28th June,2025. d) The deferred Committee inquiry on the fate of candidates shortlisted for the diaspora jobs program under the Ministry of Labour & Social Protccl.ion (Statement sought by former Senator, Gloria Orwoba, MI') The Chairperson then informed the Committee of emerging conccrns regarding compliance with Occupational Safety and Health standards in workplaces across the Country. (lommittcc Comments and rcsolutions on AOI| a) On the contincntal consultation on thc draft modcl law on labour migration, the Committee wclcomed the invitation and acknowledgcd thc significance of the forum in shaping regional standards and aligning Kcnya's legal framework. However, the Committee noted that the scheduled dates coincided with prior commitments by Senators, including county oversight visits and participation in other intcrnational engagements. b) On the consultative retrcat with thc Ministry of Gcnder, Culturc, thc Arts and Heritage, the Committee noted the importance of the engagemcnt as an opportunity to enhance collaboration and address key policy and legislative priorities within the gender and cultural sectors. The Committee confirmed its participation in the retreat. c) On thc Committcc Pcrformancc li.cvicw and Planning llctrcat, thc Committee underscored the importance of the retreat for assessing its performance during the FY 2024/25 and for developing a structurcd and strategic work plan for FY 2025126 and confirmed its participation. d) On thc deferred inquiry into the Diaspora Jobs Programmc, the Committee reaffirmed the nccd to prioritisc thc matler and agrccd to rcsumc its consideration in July 2025, following the conclusion of the rcccss pcriod. e) On Occupational Safety and Health Services (OSHS)- The Committcc noted that the issue falls within its oversight and legislative mandate and agreed on the need to consider undertaking an inquiry or targeted oversight activity inFY 2025/26 to inform potential legislative or policy intcrvcntions to strengthen workplacc safety and hcalth standards.

5 MIN/SEN /S wt23U2025 AI)JOURNMEN'I'ANI) I)ATE OF I'III] NEXT MEI'TING The mecting was adjourned at 4.30 p.m. with the next meeting being on notice. SIGNATURE (CIIAIRPERSON: SEN. JULIUS MUIT.GOR RECHA, MP) t)A'Ill: 'l'hursday, lgtr' .Iune, 2025 l I I it I