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

26 Jul 2024 domainSenate No. 42 of 2024 Gazette: Supplement No. 147 of 2024
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Status Timeline

Proposed

Active now

Public Review

Pending

Debate

Pending

Executive

Pending

Final

Pending

1

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).

2

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.

3

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).
4

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).

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