The National Employment Authority (Amendment) Bill, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Mandatory Permits and Indemnity Cover for Recruiters
Under the new Section 37B, any individual or entity conducting recruitment for overseas placement must obtain a permit from the National Employment Authority. Applications must include:
- The nature and physical place of the business;
- The specific destination countries for placement;
- An indemnity cover for Kenyan overseas workers.
New Repatriation Levy on Licensed Recruiters
Section 37E introduces a mandatory levy that all licensed recruiters must pay to the Authority. This levy is legally restricted and must be used exclusively to fund the emergency repatriation of overseas workers or the repatriation of their remains.
Nationwide Travel Advisories Every Four Months
Under Section 37D, the Authority, in consultation with the Cabinet Secretary responsible for foreign affairs, must publish labor and human rights travel advisories every four months. These advisories must be published in at least two newspapers of nationwide circulation to help citizens make informed decisions about overseas employment.
Strict Restrictions on Allowed Work Destinations
Section 37A restricts the National Employment Authority to facilitating worker deployment only to countries where migrant workers' rights are protected. Eligible countries must have protective labor laws, be signatories to relevant international conventions, or have concluded bilateral agreements with the Kenyan government.
Bill No.
No. 48 of 2023
Gazette No.
Supplement No. 196 of 2023
Sponsor
Crystal Asige
Background
The National Employment Authority (Amendment) Bill, 2023, is introduced to address rising reports of the inhumane treatment of Kenyan citizens working overseas. While Kenyan migrant workers contribute over 4 billion dollars annually to the domestic economy through remittances, they frequently face significant safety risks. The Bill amends the National Employment Authority Act to insert a robust regulatory framework to secure the rights, welfare, and constitutional protections of Kenyans working abroad.
Key Amendments
Insertion of Part IX (Overseas and Migrant Workers)
The Bill introduces a brand-new regulatory section into the principal Act, adding sections 37A through 37F:
- Safe Country Deployment (Section 37A): Mandates that the National Employment Authority only facilitate deployment to countries that meet specific safety benchmarks. This includes having functional local labor laws, being party to international migrant protection treaties, or having a formal bilateral agreement with Kenya.
- Travel Advisories (Section 37D): Obligates the Authority and the Ministry of Foreign Affairs to issue regular labor advisories to prepare citizens and provide realistic profiles of host country conditions.
- Integrated Information System (Section 37F): Directs the Authority to create and maintain an integrated information tracking system for all overseas Kenyan workers.
New Obligations
For Recruitment Agencies
- Permit Application: Agencies must formally apply to the Authority for a permit. The Authority is required to review any prior complaints filed against the agency with the Ministry of Labour before granting, conditionally approving, or rejecting the permit (Section 37B).
- Indemnity Cover: Agencies must provide an indemnity cover for the Kenyan workers they recruit.
- Mandatory Reporting (Section 37C): Recruiters are required to submit structured reports specifying the status of employment, placement vacancies, departures, job separations, and details of all individuals employed through their agency.
- Emergency Levy (Section 37E): Licensed recruiters must pay a prescribed fee as a levy, which is designated for emergency repatriation costs and returning the remains of workers in the event of death.
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