An official at the centre of a parliamentary inquiry into an alleged overseas jobs scandal has raised questions about her influence as she continues to act with impunity, including snubbing a Senate committee at least three times.
Parliamentary committees have the same powers as the High Court, which explains why even Cabinet secretaries, when reprimanded for skipping invitations, respond fast to avoid sanctions, including arrest.
But Ms Judy Jepchirchir, the owner of First Choice Recruitment and Consultancy Agency, which is accused of allegedly collecting millions from Kenyans with promises of lucrative overseas jobs, has snubbed the Senate on Labour and Social Welfare committee, most recently last week. And the committee appears helpless.
This has prompted protests from committee members and alleged victims that she may be enjoying the protection of powerful government figures.
Just last month, Treasury Cabinet Secretary Njuguna Ndung’u was fined Sh500,000 by the Senate’s Education committee for snubbing five invitations to answer questions on retired teachers’ pensions. The committee also said that if the CS failed to honour its next invitation, it would initiate his removal from office.
Article 125 of the constitution states that either Parliament or any of its committees has the power to summon any person to appear before it to give evidence or information. Sections 18 and 20 of the Parliamentary Powers and Privileges Act, 2017, on the conditions for enforcing the attendance of witnesses before committees, state that if a witness fails to appear or appears but does not satisfy the House or committee, a fine not exceeding Sh500,000 may be imposed on the witness. In addition, the House or its committees may order the arrest of a witness who fails to comply with a summons.
Ms Jepchirchir appeared before the Labour committee headed by West Pokot Senator Julius Murgor on April 27, June 8 and August 10 but has failed to honour subsequent summons over allegations of collecting money from Kenyans with false promises of employment abroad.
She was due to appear before the committee on June 22, July 31 and August 17 but did not do so. The committee has invited her again on August 24.
Following the latest snub, committee members accused the Ministry of Labour and the National Employment Authority (NEA) of shielding Ms Jepchirchir and allowing her to continue working despite damning allegations of fraud against her.
Nandi Senator Samson Cherargei said: “I want to believe that the NEA is the enabler of fraudulent agencies in this country. The Labour ministry and NEA have betrayed the trust of Kenyans.”
Nominated Senator Miraj Abdilahi added: “This shows that the government has no teeth. It is all bark. There is no way that someone who has defrauded Kenyans can go scot-free while continuing to steal from others.” She further questioned CS Florence Bore’s relationship with the 36-year-old.
“What is your relationship with the director? She has connections and a network that makes her untouchable. She has even made allegations that she has bribed us and that nothing can be done to her,” said Ms Miraj.
Similar sentiments were expressed by members of the committee when Ms Jepchirchir failed to appear on July 31, describing her as arrogant, self-important and the face of impunity. Committee vice-chairman George Mbugua questioned why she had not been arrested or charged despite numerous reports to the police about her company’s dealings, saying she was behaving as if she was above the law.
“The company is seen as having a free hand to do what it wants. The director goes around intimidating the victims. We are dealing with a rogue client, very arrogant and someone who thinks she can run all government departments,” he said.
“We need to know why this person has not been arrested and charged with fraud in court. It is clear that First Choice is still operating despite reports that it has been suspended from operating because it is not registered with the National Employment Agency,” said Nominated Senator Gloria Orwoba.
First Choice Recruitment and Consultancy Director Judy Jepchirchir before the Senate Committee on Labour and Social Welfare on August 10, 2023
Photo credit: Dennis Onsongo | Nation Media Group
Embu Senator Alexander Mundigi also wondered why the First Choice boss continued to roam free despite several reports that she had committed crimes.
“We have seen you (Ms Bore) accompanying the First Choice director to various public functions. This woman is arrogant and has committed crimes,” said Mundigi.
Appearing before the committee, Eldoret-based human rights activist Mr Kimutai Kirui, who is the lead petitioner for the victims, said they had gone to the Labour ministry and NEA offices and had even written to Ms Bore on the issue but they had received no assistance.
Ms Bore had earlier told the committee that she was willing to mediate between the victims and the agency.
“Allowing Ms Bore to mediate with Jepchirchir is like handing the victims over to a lioness. The people of Uasin Gishu have very little faith in the Labour Ministry,” said Mr Kirui. “Judy is not willing to pay the petitioners their money. The petitioners want their money back. They want justice.”
While admitting to attending a public function with Ms Jepchirchir, Ms Bore defended herself saying she had no power to bar anyone from attending a public function with her.
However, the CS shocked the committee when she said that according to records available at her ministry, First Choice was not registered.
“We have not registered the company and the company is not on the NEA website,” she said.
The senators asked Ms Bore to place an advertisement in the media informing the public that First Choice is not registered if she was sincere in her quest to ensure that the victims get justice. This has not happened.
Appearing before the committee in April, Ms Jepchircir, a Kenyan living in Qatar, said that she had managed to help 7,000 Kenyans to work in Qatar, Dubai, Poland, UK and Canada. She said the agency was registered in 2020 and has a certificate of registration, a NEA licence and has been operating for the past four years. She added that Uasin Gishu Senator Jackson Mandago and CS Simon Chelugui were some of the dignitaries who graced the launch of the agency in Eldoret on May 20 , 2021.
On Friday, some of the defrauded victims gave harrowing tales of how they were left in misery after parting with millions to the agency. Some said they had paid the agency more than Sh400,000 in the hope of securing jobs only to have their dreams shattered.
“After I told my father that I would not be travelling abroad, he went into depression before he died. When I tried to contact Ms Jepchirchir, she said it was not her problem,” said Priscilla Chepkorir.
In May last year, Peris Korir said, she sold half an acre of land and paid Sh500,000 to First Choice so that her son, Abel Birech, and his wife could leave for greener pastures in Qatar but this did not happen.
Another victim, Eliud Kipsang of Uasin Gishu, quit his job in Mombasa after the agency promised him a well-paying job in Qatar.
“She told me to quit my job where I was being paid Sh25,000 a month for a job in Qatar. She also told me to pay for my sister. My ailing mother, Rael Lagat, sold her cows, trees and sheep to pay First Choice,” he said.
Appearing before the Senate committee on June 8, Inspector-General Japhet Koome promised to ensure that suspects involved in the fraud are brought to justice. He said nearly 300 victims of the agency had recorded statements.
An investigation report by the Uasin Gishu County assembly earlier this year implicated the company in various malpractices and recommended that its operating licence be revoked, while also recommending that the Directorate of Criminal Investigations (DCI) probes the matter.
The investigations came after disgruntled youths stormed the county commissioner’s office in Eldoret in December last year demanding justice. They alleged that the agency had collected money from them with the promise of placing them in World Cup-related jobs in Qatar.
The assembly’s report alleged that Ms Jepchirchir enjoyed unlawful protection from DCI and police officer in Eldoret.
“The petitioners made several attempts to report the matter to the security agencies but were met with uncooperative officers,” the report stated.
But despite the recommendations, the agency continued with its operations, even organising a thanksgiving service in March for 118 people who were to be flown out of the country to Poland, Qatar and Italy to work as cleaners, waiters, security guards, gardeners and cooks, among other jobs.
Appearing before the committee in April, Ms Jepchirchir said that they had managed to register 2,011 candidates for the Fifa World Cup jobs and they were able to deploy 827. She added that of these, 718 were already back in the country after completing their contracts, while 109 were still in Qatar on two-year contracts.
“The reasons for the unsuccessful applications were the high influx of people to Qatar from different parts of the world, which caused delays in visa processing, while some unsuccessful candidates failed the medical test required by employers, while others did not have their passports ready for travel,” Ms Jepchirchir said.
Despite all these allegations, Ms Jepchichir has continued to hobnob with top government officials. On June 30, during the launch of digital government services at the KICC, Ms Jepchirchir was introduced by the Foreign and Diaspora Affairs CS Alfred Mutua as the country’s ambassador for the ministry’s Kazi Majuu initiative. The event was attended by President Ruto, Ms Bore, Mr Chelugui and other top government officials. Even the President interacted with her, asking what the problem had been in the past between the government, agents, job-seekers and employers in other countries.
Mr Kirui was not amused by the glowing tributes and the ease with which top government officials were interacting with Ms Jepchirchir.
“The height of impunity is when she speaks at a function in the presence of the President. That is when people realise that she is someone with full protection,” he said.
