Senate orders recruitment agency to refund Sh1 billion paid by youths

First Choice Recruitment and Consultancy director Judy Jepchirchir. [Elvis Ogina, Standard]

The Senate has ordered First Choice Recruitment and Consultancy Agency Limited to refund Sh1 billion paid by thousands of youths after it failed to secure jobs and colleges abroad for them.

The Senate Labour Committee which has been investigating the alleged defrauding of over 8,000 youths from Uasin Gishu and neighbouring counties of more than Sh1 billion, in a report tabled before the House also recommended the disbandment and reconstitution of the National Employment Authority.

The committee, chaired by West Pokot Senator Julius Murgor, recommended that the Assets Recovery Agency repossess the property owned by First Choice Recruitment and Consultancy Agency Limited Directors Judy Jepchirchir and Faith Wariga in the event that they do not refund the monies owed to the victims who filed a petition before the house seeking the legislators' help to recover their money.

"The Senate recommends that the bank accounts of the First Choice Recruitment and Consultancy Agency Limited and those of its Directors Judy Jepchirchir and Faith Wariga be frozen by the relevant authorities until the millions of shillings owed to the thousands of victims are fully recovered," reads the report.

The Senate also directed the Ministry of Labour and Social Protection and the National Employment Authority to issue a public notice in at least two local dailies with nationwide circulation directing the recruitment agency to cease operations with immediate effect.

The agency and its associates were directed to cease recruitment and placement for a period of not less than five years and should be closely monitored by the Directorate of Criminal Investigations.

The Senate recommended that Jepchirchir, Wariga and other directors of the recruitment agency be barred from registering, operating or managing any other recruitment agency or company upon tabling and adoption of the report by the Senate.

"The Senate recommends that the Passports of the Directors of First Choice Recruitment and Consultancy Agency Limited be withheld by the Directorate of Criminal Investigations," reads the report.

The Senate directed the Ministry of Labour and Social Protection to cease any further operations, recruitment and placement by similar recruitment agencies that the public has raised concerns about upon tabling of this report before the Senate.

The Senate further directed the Ministry of Labour and Social Protection to audit and publicise legitimate recruitment agencies in the country in at least two local dailies with nationwide circulation within one month of the tabling of this report and annually thereafter.

The Ministry is also expected to make public the list of blacklisted recruitment agencies in the country in at least two local dailies with nationwide circulation within one month of the tabling of this report and annually thereafter.

"The Senate directs that the Ministry of Labour and Social Protection and the National Employment Authority to strongly enforce the existing measures and ensure agencies adhere to the laid down regulations to Kenyans being defrauded in future," reads the report.

The Senate recommended the Commission on Administrative Justice and Ethics and Anti-Corruption Commission (EACC) investigate the involvement of business people, political leaders and the conduct of state and public officers with regard to First Choice Recruitment and Consultancy Agency Limited and report to the Senate within three months upon tabling of the report.

The Office of the Director of Public Prosecutions and the Office of the Inspector General were directed to finalize the investigations on the possible illegalities by the recruitment agency and institute criminal proceedings against it and others if found culpable and report to the Senate within three months.

The Senate asked the Commission on Administrative Justice to investigate the law enforcement agencies in Uasin Gishu County who allegedly harassed the petitioners and report to the Senate within three months.

"The Senate directs the Office of the Director of Public Prosecutions to finalise the cases of alleged harassment of the petitioners and terminate cases whose objective was to intimidate petitioners," reads the report.

The report revealed that the majority of the victims of the recruitment agency were unemployed or youth aged between 25 and 35 across Uasin Gishu County and its environs.

The report further stated victims of the recruitment agency were further disadvantaged as their source of funding towards such placements was through the sale of property, loans from Saccos, banks, friends and relatives hence subjecting them to even greater risk of loss of livelihoods, broken friendships and relationships, accrued debts and ill health including depression and suicide.

The involvement of prominent government officials and businessmen from Uasin Gishu county boosted the credibility of the agency which encouraged parents and candidates to consider the programme and invest their resources, including borrowing and selling property.

"First Choice Recruitment and Consultancy Agency Limited failed to operate professionally and within the confines of the law provided in the Labour Institutions Act 2001 and the regulations guiding the recruitment agencies," reads the report.