The Labour Migration Management Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
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Final
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Private Employment Agencies Must Register
Under Section 17, operating an unregistered private employment agency is prohibited. Offenders face a fine of up to KSh 10 million, imprisonment for up to 10 years, or both. Agencies must also obtain an annual county operating licence under Section 13.
Security Bonds Required for Foreign Recruitment
Section 20 requires agencies engaged in recruiting workers for foreign employment to execute a security bond with a licensed bank or insurance company. These funds are reserved for repatriation costs and other entitlements in the event of default by the agency or employer.
Mandatory Attestation of Foreign Contracts
Under Sections 31 and 32, foreign contracts of employment must be signed by both parties and attested in person before a labour officer. Altering or substituting an approved contract without authorization carries a fine of up to KSh 3 million under Section 48.
Establishment of State-Backed Safe Houses
Section 50 mandates the Cabinet Secretary responsible for foreign affairs to establish safe houses in labour destination countries. These facilities will serve as temporary holding centers for Kenyan migrant workers in distress.
Bill No.
No. 16 of 2024
Gazette No.
Supplement No. 72 of 2024
Sponsor
Mutinda Maureen Tabitha
Background
The Labour Migration Management Bill, 2024 seeks to establish a comprehensive legal framework to regulate private employment agencies and the recruitment of Kenyan workers for both domestic and foreign employment. The Bill consolidates laws relating to labour migration, creating structured mechanisms to protect the human rights and welfare of job seekers and migrant workers.
Key Amendments
The Bill amends existing labour laws to align them with the new regulatory framework:
- Labour Institutions Act (Cap. 234): Deletes several provisions concerning the Director of Employment and transfers specific recruitment supervision functions to the Director-General of the National Employment Authority.
- Employment Act (Cap. 226): Repeals Sections 83, 84, 85, and 86, which previously governed foreign contracts and recruitment.
New Obligations
The Bill introduces several mandatory requirements for agencies, workers, and government officials:
- Dual Licensing: Agencies must register with the National Employment Authority (Section 17) and obtain an annual operating licence from their respective county government (Section 13).
- Vetting Committee: Section 8 establishes the Multi-Agency Committee on the Vetting of Private Employment Agencies to process all registration applications.
- Security Bonds: Agencies recruiting for foreign markets must execute a security bond to cover emergency repatriation and worker defaults (Section 20).
- Pre-Departure Training: Migrant workers must undergo pre-departure orientation programs covering financial literacy, destination country laws, and contract management (Sections 29 and 30).
- Welfare Fund: Section 42 establishes the Migrant Workers Welfare Fund to assist Kenyan workers during departure, foreign residence, and return.
Penalties
The Bill prescribes strict penalties for violations:
- Unregistered Operations: Operating an unregistered agency carries a fine of up to KSh 10 million, imprisonment for up to 10 years, or both (Section 17).
- Unapproved Advertisements: Publishing job advertisements without the Authority's approval carries a fine of up to KSh 500,000, imprisonment for up to 1 year, or both (Section 26).
- Unauthorized Fees: Charging fees above prescribed limits or violating statutory obligations carries a fine of up to KSh 1 million, imprisonment for up to 2 years, or both (Section 28).
- Withholding Travel Documents or Altering Contracts: Substituting attested contracts or withholding a worker's travel documents carries a fine of up to KSh 3 million, imprisonment for up to 2 years, or both (Section 48).
- Failure to Repatriate: Agencies failing to repatriate unfit or misled workers face a fine of up to KSh 5 million (Section 44).
- General Penalty: Any offence without a specified penalty is punishable by a fine of up to KSh 1 million, imprisonment for up to 2 years, or both (Section 49).
Transitional Provisions
Under Section 52, any person operating a private employment agency under the Labour Institutions Act at the commencement of this Act must apply for fresh registration within six months.
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