The Labour Migration Management Bill, 2023

Background

The principal object of the Labour Migration Management Bill, 2023 is to provide a consolidated legal framework for the regulation of private employment agencies and the safe, ethical recruitment of Kenyan workers within and outside Kenya. By repealing portions of the Labour Institutions Act, 2007 and the Employment Act, 2007, the Bill seeks to enhance coordination in labor migration governance and safeguard the rights of job seekers.

Key Amendments

The Bill introduces significant structural and administrative updates:

• National Employment Authority (NEA) Expanded Role: The NEA's functions are expanded under Section 6 to include registering agencies, developing pre-departure programs, verifying job orders, and establishing a migrant workers online portal.
• Multi-Agency Vetting Committee: Section 8 establishes a Multi-Agency Committee on the Vetting of Private Employment Agencies, comprising representatives from labor, foreign affairs, immigration, the Directorate of Criminal Investigations (DCI), and the National Intelligence Service (NIS).
• Labour Attachés: Section 11 outlines the deployment of labor attachés to Kenyan Missions to look for job opportunities, authenticate job orders, visit workplaces, and coordinate safe houses.
• Consequential Repeals: The Bill amends the Labour Institutions Act, 2007 (deleting definition of Director and repealing Sections 54A, 54B, 54C, 55, and 56) and the Employment Act, 2007 (repealing Sections 83, 84, 85, and 86).

New Obligations

• Licensing Requirements: Private employment agencies must apply for registration through the Director-General of the NEA, with certificates valid for one year (Sections 15 and 16).
• Security Bond Execution: Foreign recruitment agencies must execute a security bond from a bank or insurance company, which cannot be sourced from agency capital (Section 18).
• Contract Transparency: Agencies must provide employment contracts to migrant workers at least 14 days prior to departure (Section 26).
• Registration of Migrant Workers: Departing workers must register with the NEA and register with their host country's Kenyan mission within 90 days of starting employment (Section 33).

Penalties

• Unlicensed Agency Operations: Fine of up to KSh 10 million, imprisonment up to 10 years, or both (Section 15(3)).
• Unauthorized Job Advertising: Fine of up to KSh 500,000, imprisonment up to 1 year, or both (Section 24(5)).
• Withholding Travel Documents or Substituting Contracts: Fine of up to KSh 3 million, imprisonment up to 2 years, or both (Section 46).
• Inducing Informal Foreign Employment: Fine of up to KSh 2 million, imprisonment up to 2 years, or both (Section 32).
• Failure to Repatriate: Agencies that fail to repatriate eligible workers face a fine of up to KSh 5 million, imprisonment up to 2 years, or both (Section 42(4)).
• General Penalty: For offences without specific penalties, a fine of up to KSh 1 million, imprisonment up to 2 years, or both (Section 47).

Transitional Provisions

Under Section 50, any person carrying on business as a private employment agency under the Labour Institutions Act, 2007 must apply for fresh registration under the new Act within six months of its commencement.