The Labour Migration and Management (No. 2) Bill, 2024
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Unregistered Operators Face Up to KSh 10 Million Fine
Under Section 16, any person operating a private employment agency without valid registration commits an offence. Upon conviction, they are liable to a fine not exceeding KSh 10 million, imprisonment for up to 10 years, or both.
Compulsory County Operating Licenses and Annual Renewal
Section 14 mandates that all private employment agencies obtain a county operating license from the respective county executive committee member. These licenses must be renewed annually, and operating without one is classified as a punishable offence.
Vetting by Multi-Agency Committee
Section 8 establishes the Multi-Agency Committee on the Vetting of Private Employment Agencies. This committee is tasked with vetting and approving registration applications, and consists of representatives from the ministries of labour and foreign affairs, immigration, the Directorate of Criminal Investigations (DCI), and the National Intelligence Service (NIS).
Mandatory Security Bonds for Foreign Recruitment
Under Section 19, any private employment agency recruiting workers for foreign employment must execute a security bond from a registered bank or insurance company in Kenya. This bond acts as a financial guarantee to cover repatriation and emergency entitlements if the agency defaults.
Prohibition on Document Withholding and Contract Alteration
Section 46 introduces strict protections making it an offence to deploy a migrant worker to a job harmful to their health, safety, or dignity, withhold a worker's travel documents, or alter an attested foreign employment contract. Conviction carries a fine of up to KSh 3 million, up to 2 years imprisonment, or both.
Bill No.
Bill No. 42 of 2024
Gazette No.
Supplement No. 147 of 2024
Background
The Labour Migration and Management (No. 2) Bill, 2024 is designed to create a safe, fair, and orderly environment for the recruitment and deployment of Kenyan migrant workers. Recognizing the safety and human rights concerns faced by workers abroad, the Bill establishes robust regulatory oversight over private recruitment entities and creates direct channels for state protection, reporting, and repatriation.
Key Amendments
- Consolidation of Labour Laws: The Bill introduces consequential amendments to the Labour Institutions Act (Cap 234) and the Employment Act (Cap 226). It deletes duplicate provisions on foreign contracts and private recruitment agencies, including the total deletion of Sections 83, 84, 85, and 86 of the Employment Act (Cap 226), consolidating all foreign employment management rules under this new statutory framework.
- Multi-Agency Vetting Committee: Section 8 sets up a formal vetting committee incorporating state security organs, including the DCI and NIS, alongside immigration and labour officers to vet prospective recruitment agency directors.
- Migrant Workers Portal: Section 15 establishes an online database and portal for registering private agencies and migrant workers, listing verified foreign job orders, and logging complaints.
New Obligations
- Dual Licensing Regime: Private recruitment agencies must maintain both a national registration certificate from the Director-General of the National Employment Authority (Section 17) and a county operating license from their local county government (Section 14).
- Repatriation Obligations: Section 42 makes recruitment agencies financially and logistically responsible for repatriating migrant workers who fail medical exams, do not secure their contracted job, or are deployed under contract misrepresentation.
- Contract Attestation and Pre-Departure Training: Foreign contracts of employment must be signed and attested by a labour officer (Section 30, 31). Migrant workers must also complete mandatory pre-departure training and orientation developed by the National Industrial Training Authority (Section 28, 29).
Penalties
- Operating Without Registration: Under Section 16(3), operating an unregistered private agency is punishable by a fine of up to KSh 10 million, imprisonment for up to 10 years, or both.
- Withholding Passports and Contract Abuse: Convictions for withholding travel documents or illegally altering foreign contracts carry a fine of up to KSh 3 million, up to 2 years imprisonment, or both (Section 46).
- General Offence Penalty: Any general violation of the Act where no specific penalty is provided carries a maximum fine of KSh 1 million, up to 2 years imprisonment, or both (Section 47).
Transitional Provisions
- Section 50 requires any agency currently registered under the old Labour Institutions Act (Cap 234) to apply for fresh registration under the terms of this new Act within six months of its commencement.
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