The decision comes after almost a year since the District filed a complaint relating to certain labor practices
Swahili Village DC, a Kenyan fine-dining restaurant also widely known as “the Consulate”, announced on Wednesday, July 24 that it had reached a no-fault settlement with the District of Columbia over allegations of wage theft, concluding a year-long legal dispute.
The decision comes after almost a year since the District filed a complaint relating to certain labor practices, a decision made to allow the facility to focus its energies on building the business and doing what it does best, serving its customers.
“Contrary to the current narrative, it is important to highlight that we chose to voluntarily settle the dispute. We were not ordered by anyone to do so. Not the D.C, Attorney General or the courts. Clause 18 of the agreement makes it very clear that the settlement of this lawsuit takes place on a no-fault basis,” a statement sent to Viral Tea read in part.
The restaurant further clarified that the decision was not an admission of wrongdoing and that no evidence of any wrongdoing or liability is accepted.
Kevin Onyona, proprietor, Swahili Village in the US during an interview on September 8, 2023 in Nairobi. /THE STAR
It also noted that it was no admission of truth of any of the factual allegations in the lawsuit and that it may also not be used as an admission or evidence of any fault or omission in any civil, criminal or administrative proceedings in any court, administrative agency or other tribunal.
Giving context, Swahili Village revealed that its DC location, which opened just weeks before the Covid-19 public health emergency, faced unpresented challenges as the city was forced into a total lockdown on March 11, 2020, and being a newly opened establishment in D.C. it did not qualify for any government assistance during the pandemic.
Despite this hardship, the restaurant added that many of its workers volunteered to help keep the business running, demonstrating their dedication and commitment.
“While in no way admitting wrongdoing, we welcome the end of this matter and confirm we will adhere strictly to the agreement. We insist that our workers are allowed to be part of our growth story, as they are critical to our success and their well-being is our priority,” added the statement.
Swahili Village also confirmed that 30 employees who worked at the restaurant at the time of the dispute remain on staff, also many who are beneficiaries of the settlement also remain on staff.
“We are committed to ensuring that Swahili Village remains a place where our employees feel valued, and our customers receive the best service. Thank you for your understanding and continued support,” it added.
In the lawsuit, the Office of the Attorney General (OAG) alleged that Swahili Village DC “systematically stole wages and tips from its servers, hosts, food runners, bussers and bartenders”, further claiming that the restaurant violated multiple labor laws, such as failure to pay overtime, provide sick leave, pay minimum wages and maintain required employment records.
According to a release from OAG, the settlement had required Swahili Village and its executives to pay more than $260,000 (Ksh34 million) in restitution to 72 affected workers, $197,614 (Ksh25 million) in penalties to D.C., pay a claims administrator who will contact and pay all eligible workers and change its practices to comply with District wage and hour laws.
The company was to also provide reports of compliance to the Attorney General for three years.
