Job Recruiters Risk Jail Term & Ksh 2M Fine in New Changes

Job Recruiters Risk Jail Term & Ksh 2M Fine in New Changes

If a bill seeking to regulate the sector is passed by the Senate, recruiters attempting to dispatch Kenyans abroad without a contract will soon face jail time or fines.

Before sending migrant workers abroad, the Labour Migration Management Bill 2023 requires all employers to engage in a foreign contract with them.

Whoever violates the rule is culpable of a crime and subject to a Ksh2 million fine, two years in prison, or both.

Florence Bore, cabinet secretary for the Labour Party, urged Parliament to approve the measure once it is introduced. 

She explained that her ministry was expediting its composition, but the Attorney General’s Office had already finalized the legal aspects, paving the way for its introduction in the House of Representatives. 

“A National Policy on Labor Migration has been developed, emphasizing safe and productive migration. Additionally, a Labor Migration Management Bill is in the works to hold recruitment agencies accountable,” she stated.

Under the new legislation, job seekers pursuing employment overseas must register with the National Employment Authority. 

The bill seeks to promote overseas employment and the treatment of foreigners working in Kenya, while safeguarding the rights of job candidates. 

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All private recruitment agencies will be required to register with the Authority or face a fine of Ksh10 million and imprisonment for 10 years, or both. 

“The government shall deploy migrant workers to countries where the rights of migrant workers are protected,” reads part of the bill.

Through the bill, the government shall have labor attaché (public officers) globally who will be responsible for seeking employment opportunities for Kenyans, authenticating job orders, facilitating the provision of counseling services to migrant workers, attending to complaints relating to migrant workers in their stationed country among other duties.

In contrast, Labour CS will be required to establish a channel for migrant employees to invest in Kenya, provide them with legal assistance, and compile a database containing their pertinent information. 

“The Cabinet Secretary responsible for matters relating to Foreign Affairs shall in consultation with the relevant Kenya mission, promote the establishment of a voluntary savings scheme for migrant workers,” reads part of the bill, spreading the obligations across to the Foreign Affairs Ministry. 

Foreign Affairs CS may also negotiate favorable terms for required investments with financial institutions in Kenya. 

If approved, recruiting agencies will be required to implement the measures to protect migrant workers and reduce the number of Kenyans suffering abroad.

Job Recruiters Risk Jail Term & Ksh 2M Fine in New Changes