The Labour Migration and Management (No. 2) Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Dual Licensing and Multi-Agency Vetting
The Bill introduces a dual-licensing regime where private employment agencies must obtain registration from the national-level National Employment Authority (Section 17) and an annual operating licence from their respective county government (Section 14). All applications for registration will be vetted and approved by a newly established Multi-Agency Committee on the Vetting of Private Employment Agencies (Section 8).
Mandatory Security Bonds for Foreign Recruitment
Private employment agencies recruiting Kenyan citizens for foreign employment must execute a security bond with a bank or licensed insurance company (Section 19). The bond is valid for one year and is designated for the repatriation of workers and other entitlements in the event of default by either the agency or the foreign employer.
Severe Penalties for Illegal Recruitment
The Bill establishes significant financial and custodial penalties to curb non-compliance:
- KSh 10 million fine, up to 10 years' imprisonment, or both, for operating an unregistered agency (Section 16).
- KSh 5 million fine for agencies failing to facilitate the repatriation of medically unfit or unplaced migrant workers (Section 42).
- KSh 3 million fine, up to 2 years' imprisonment, or both, for withholding travel documents, contract substitution, or deploying workers to harmful jobs (Section 46).
Contract Attestation and Pre-Departure Training
Before departing Kenya, migrant workers must undergo pre-departure orientation based on a curriculum developed by the National Industrial Training Authority (NITA), covering contract management, destination laws, language, and financial literacy (Section 28 & 29). Furthermore, all foreign contracts must be signed in person and attested by a labour officer (Section 31).
Bill No.
No. 42 of 2024
Gazette No.
Supplement No. 147 of 2024
Sponsor
Mutinda Maureen Tabitha
Background
The Labour Migration and Management (No. 2) Bill, 2024, is introduced to streamline the migration of Kenyan workers, regulate private recruitment agencies, and safeguard the rights and welfare of job seekers and migrant workers. Historically, the recruitment sector has faced oversight challenges, leading to cases of worker exploitation abroad. This Bill seeks to consolidate the laws governing labour migration by amending and repealing relevant sections of the Labour Institutions Act (Cap 234) and the Employment Act (Cap 226).
Key Amendments
Amendments to the Labour Institutions Act (Cap 234)
- Deletes the definition of "Director" under Section 2.
- Replaces references to the "director of employment" with the "director general of the National Employment Authority" (Section 6).
- Repeals Sections 30(1)(b), 30(2)(b), 32(2)(b), 32(2), 33(1)(b), 36, 42(3), and Sections 54A through 60, removing outdated employment agency licensing clauses.
Amendments to the Employment Act (Cap 226)
- Repeals Sections 83, 84, 85, and 86.
Administrative Restructuring
- Establishes the Multi-Agency Committee on the Vetting of Private Employment Agencies (Section 8). This committee comprises key government representatives, including the Principal Secretaries of Labour and Foreign Affairs, the Director of Criminal Investigations, the Director-General of the National Intelligence Service, and representatives from private employment agencies.
- Deploys Labour Attachés to Kenyan Missions abroad to seek foreign job opportunities, investigate complaints, and supervise safe houses for migrant workers in distress (Section 11).
New Obligations
For Private Employment Agencies
- Dual Licensing: Must register with the Director-General of the National Employment Authority (Section 17) and obtain an annual operating licence from the county executive committee member (Section 14).
- Security Bond: Must execute a security bond for repatriation costs with a registered Kenyan bank or insurance company (Section 19).
- Ad Verification: Must not publish job vacancy advertisements without the prior written approval of the Authority (Section 25).
- Information & Timing: Must provide the contract of employment to the migrant worker at least 14 days before their departure date (Section 27).
For Migrant Workers
- Must undergo mandatory pre-departure orientation and training (Section 28).
- Must register with the National Employment Authority before departure, or register with the nearest Kenyan Mission within 90 days of arrival in the destination country (Section 34).
Penalties
- Operating without Registration: A fine not exceeding KSh 10 million, imprisonment for a term not exceeding 10 years, or both (Section 16).
- Operating without a County Licence: Deemed an offence under Section 14.
- Withholding Travel Documents, Contract Substitution, or Harmful Deployment: A fine not exceeding KSh 3 million, imprisonment for up to 2 years, or both (Section 46).
- Illegal Foreign Recruitment / Inducement without Contract: A fine not exceeding KSh 2 million, imprisonment for up to 2 years, or both (Section 33).
- Failure to Repatriate Workers: A fine not exceeding KSh 5 million on the agency (Section 42).
- Failing to Register as a Migrant Worker: A fine not exceeding KSh 100,000, imprisonment for up to 3 months, or both (Section 34).
- General Penalty: For offences without specific penalties, a fine of up to KSh 1 million, up to 2 years' imprisonment, or both (Section 47).
Transitional Provisions
- Any person carrying on business as a private employment agency under the Labour Institutions Act prior to the enactment of this Bill must apply for fresh registration under the new Act within six (6) months of its commencement (Section 50(1)).
- Existing administrative directions and statutory instruments made under the previous Acts remain in force until revoked, provided they do not conflict with the new provisions (Section 50).
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.