The Senate Committee on Labour and Social Welfare has taken issue with the Advocates Complaints Commission (ACC) over what it termed a shallow and unsatisfactory investigation into complaints raised by former Kenya Breweries Limited (KBL) employees against their former advocate, Harrison Kinyanjui.

In a meeting chaired by Sen Julius Murgor (West Pokot), the Committee engaged with the ACC, led by Commission Secretary and CEO George Nyakundi, to interrogate why the Commission dismissed allegations of professional misconduct raised by the petitioners, despite evidence pointing to possible wrongdoing.

In a letter dated 24th July 2024, the ACC had informed the petitioners that their complaint “does not disclose professional misconduct on the part of the Advocate to warrant further investigations and/or action.” However, the Senate committee challenged this conclusion.

The matter stems from a long-standing labour dispute in which 125 former KBL employees were awarded compensation by the courts, only for their lawyer, Harrison Kinyanjui, to allegedly mishandle the execution of the judgment—failing to disburse full amounts, having them sign vague discharge vouchers and collecting Ksh 250,000 to file an appeal that was never lodged.

Nyakundi defended the Commission’s position, stating that the petitioners signed discharge vouchers that indicated they would make no further claims—effectively concluding the matter. However, Committee Vice Chair Sen Crystal Asige questioned the validity of that rationale.

“Did the Commission investigate whether these vouchers were signed under duress or in unclear circumstances, given the petitioners are laymen?” she asked, arguing that the investigation lacked necessary rigor.

Nyakundi responded that such issues fell outside the Commission’s mandate under the Advocates Act, suggesting that possible fraud or forgery would instead fall under the jurisdiction of the Directorate of Criminal Investigations (DCI).

Sen Gloria Orwoba took issue with that position, pointing to Section 53 of the Advocates Act, which mandates the Commission to “receive and enquire into complaints against advocates.”

“You received, but you did not enquire. You failed in your duty. You’ve chosen to see no evil and hear no evil,” she said, accusing the Commission of abdicating its responsibility.

Adding to the contradictions, a letter from the ACC dated 1st April 2025—sent in response to the Senate’s invitation—noted that “failure to provide adequate professional service despite payment of fees” could constitute misconduct. Yet, despite petitioners’ claims that Kinyanjui was paid Ksh 250,000 to file an appeal that never materialized, the Commission took no action.

Sen Miraj Abdullahi emphasized the need for legal reforms to empower government agencies like the ACC to more effectively handle such cases and deliver justice to victims of professional misconduct.

Sen Orwoba further criticized Nyakundi’s “dismissive and unempathetic attitude,” warning that such a stance only contributes to further delays in resolving a matter that has already dragged on for over two decades.

Petitioner George Njigu also challenged the conduct of Principal State Counsel Kenneth Kikwai, who was handling their complaint. Njigu alleged that Kikwai told the petitioners not to return to the ACC offices, assuring them that he would finalize the report and send it to them. However, after a prolonged period without receiving any report or communication, the petitioners were forced to seek the intervention of the Office of the Attorney General.

In closing, Chairperson Sen Murgor called upon all parties to rise above bureaucratic rigidity and seek a common voice of reason.