Relevant National Legislation for Migrant Workers from Kenya

2007

Labour Institutions Act

Sections 55-60 specify the regulations governing private employment agents in Kenya. These include: i. Registration and accreditation by MOL. ii. Duties of the person operating an employment/ recruitment firm to maintain records and not to charge a job seeker other than what is provided by law. iii. Power of employment officers to carry out inspections of agencies. Security bond may be required of employers/firms, currently at KES 500,000 [USD 4,816].  Under Kenya Gazette Supplement Number 92, Legal Notice No 110 of 17^th June 2016.  iv. Offences - any person who does not comply with this law commits an offence and is liable to a fine not exceeding KES 50,000 [USD 480] or imprisonment of up to three months or both.

2007

Employment Act

Sections 83-86 of the Employment Act sets out how foreign contracts of service will be dealt with stating that: - i. All contracts will be attested by a labour officer in Ministry headquarters. ii. The contracts must meet the requirements of ensuring that there is no fraud, coercion or undue influence. iii. Security bond may be required of employers/firms, currently at KES 500,000 [USD 4,816]. iv. Inducing Kenyans to proceed abroad without a formal contract is an offence.

2010

Counter Trafficking in Persons Act

Trafficking in persons is a criminal offence. The Act in section 5 (c) states that any person who manages, runs, or finances a recruitment firm for purposes of trafficking in persons commits an offence and is liable to imprisonment for a term of not less than twenty years or to a fine of not less than twenty million shillings [USD 192,678] or to both and, upon subsequent conviction, to imprisonment for life.

2014

Labour Institutions (General) Regulations

A person to be accredited as a Director of a recruitment firm must be a Kenyan citizen or have a valid work permit; must have attained a secondary level certificate; and must have a diploma in human resource management. • Must pay USD 300 per year for a licence, have certificates of good conduct from the police, and provide a bond of USD 3,500 (Kenyan-owned) or USD 10,600 (non-Kenyan owned), and be a member of an agency association. • Certificate of accreditation is renewable at USD 2,650 (foreign placements) and USD 1, 325 (for local placements). • Migration costs should be met by agents and employers, including visa fees, airfare and medical examination. • Firms are allowed to charge a service fee from their overseas Principal (i.e. placement agency or employer in the destination country) to cover the costs of recruitment. If the Principal is not paying, then firms are allowed to charge equivalent of one month salary to the worker. • Must enter into a prescribed model contract, with firms responsible for ensuring workers and employers sign. • All firms are required to follow up on the welfare of their recruits. • Firms also required to be Members of National Chambers of Commerce and the Kenya – Arab Joint Chamber of Commerce.

2016

National Employment Authority Act

This is an Act of Parliament to establish the National Employment Authority; to provide for a comprehensive institutional framework for employment management; to enhance employment promotion interventions; to enhance access to employment for youth, minorities and marginalized groups and for connected purposes.