The Labour Migration and Management (No. 2) Bill, 2024

26 Jul 2024 domainSenate Bill No. 42 of 2024 Gazette: Supplement No. 147 of 2024
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Executive

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Final

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1

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.

2

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.

3

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).

4

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.

5

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.

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