The Labour Migration and Management (No. 2) Bill (Senate Bill No. 42 of 2024)

REPUBLICOFKENYA

PARLIAMENT

SENATEBILLS

(BillNo.42of2024)

THE LABOUR MIGRATION AND MANAGEMENT (NO. 2) BILL, 2024

(A Bill published in the Kenya Gazette Supplement No. 147 of 26rh July, 2024 and passed by the Senate, with amendments, on Tuesday, 3rd March, 2026.)

CLAUSES

ARRANGEMENTOFCLAUSES

PARTI-PRELIMINARY

• 1— Short title

• 2— Interpretation.

• 3—— Object of the Act.

• 4— Application of the Act

• 5— Conditionsfor deployment of migrant workers.

PARTII-ADMINISTRATIONOFTHEACT

• Functions of theAuthority

• Powers of the Authority.

• 8— Establishment of the Multi-Agency Committee on the Vetting of Private Employment Agencies.

• 9- FunctionsoftheCommittee

• 10— Reports by the Committee.

• 11— Labour attaches.

• 12—— Duties of Cabinet Secretary for Foreign Affairs

• 13— Role of county governments

• 14—— Applicationfor acountyoperatinglicense.

• 15— Migrant workers portal

PARTIII-PRIVATEEMPLOYMENTAGENCIES

• 16 Registration of a private employment agency.
• 17— Application for registration.
• 18Conditions for registration of private employment agencies.
• 19— Security bond.
• 20—— Cancellationofregistration
• 21— Register of private employment agencies.
• 22—— Branches.
• 23—Change of office.
• 24— Approval of job orders.

• 25—Advertisement of jobs by private employment agencies.
• 26—( Code of conduct for private employment agencies.
• 27—— Obligations of private employment agencies. PARTIV-PRE-DEPARTUREPROCEDUREFORFOREIGNEMPLOYMENT
• 28— Pre departure orientation.
• 29—— The National Industrial Training Authority role in pre-departure training
• 30—— Foreign contracts of employment.
• 31— Attestationofforeigncontractsofemployment.
• 32— Security in foreign contracts of employment.
• 33— Offence to induce person to proceed abroad under informal contract.
• 34—. Registration of migrant workers.
• 35—— Register of migrant workers
• 36— Port of departure.
• 37— Exemption of certain persons.

PARTV-ENFORCEMENT

• 38— Appointment of Inspectors.
• 39— Powers of Inspectors.
• 40 Orders of the Authority.

PARTVI-MISCELLANEOUSPROVISIONS

• 41—— Restrictions on labour migration.
• 42— Repatriation of migrant workers.
• 43—— Bilateral labour agreements.
• 44— Petitions to the Cabinet Secretary on private employment agencies.
• 45— Appeals.
• 46—— Offences.
• 47— General penalty.
• 48— Safe houses.
• 49— Regulations.
• 50— Transitional provisions.
• 51— Consequential amendments.

SCHEDULE

A Bill for

ANACTofParliamenttoprovidefortheregulationofprivate employmentagenciesand therecruitmentofworkerswithinand outside Kenya; safeguard the rights and welfare of job seekers and migrantworkers;and forconnected purposes.

ENACTEDbytheParliament ofKenya,asfollows-

PARTI—PRELIMINARY

Short title. 1. This Act may be cited as the Labour Migration Management Act, 2024.

Interpretation. 2.In this Act—

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"Authority"" means the National Employment Authority established undersection6oftheNationalEmploymentAuthorityAct;

"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to labour;

"Committee"" means the Multi Agency Committee on Vetting of Private Employment Agencies established under section 8;

• "Commissioner for labour" means the Commissioner for Labour Cap 234 appointed under section 30 of the Labour Institutions Act;

"county executive committee member" means the county executive committeememberresponsibleformattersrelating tolabour andsocial welfareinacounty;/

"Director-General"means the Director General of the Authority appointed under section 17 of the National Employment Authority Act; √

"employer" has the meaning assigned to it in the Employment Act;

"foreign employment" means the employment of a Kenyan citizen in a country other than Kenya;

"joborder"meansinstructionsissued by anemployer to a private employment agency to recruit employees onbehalf of the employer and contains information on the job openings the employer seeks to fill and the expected terms and conditionsofemployment;

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Objectofthe Act.

"job seeker" has the meaning assigned to it under section 2 of the National EmploymentAuthorityAct;

"Labour Attache" means a public officer deployed to a Kenya Mission for labour and employment duties undersection10;

"labour officer" means a labour officer appointed under section 30 (2) of the Labour Institutions Act;

"labour migration" means the departure of a Kenyan citizen from Kenya for the purpose of employment in any foreign country;

"migrant worker" means a Kenyan citizen who-

• (a) intends to migrate for work;
• b is departing to any foreign country for work; or
• )is employed in any foreign country.

"Mission" has the meaning assigned to it under section 2 of the Foreign Service Act;

"National Industrial Training Authority"" means National Industrial Training Authority established under section 3 of theIndustrial Training Act;

"pre-departure orientation" means a programme which equips a migrant worker with knowledge, skills and attitude required to facilitate the integration of the migrant worker in a foreign country; and

"private employment agency" means a company, independent of the Government, which provides one or more of the following labour market services—

• (a) services for matching offers of and applications for employment, without the private employment agency becoming a party to the employment relationship which may arise therefrom; or
• (b) services consisting of employing workers with a view to making them available to a third party which assigns their tasks and supervises theexecution of thetasks.
• 3.The object of thisAct isto—
• (a)promote safe,fair,ethical and orderly recruitment of workers;
• (b) protect the rights of job seekers;

Application of theAct.

Conditions for deploymentof migrant workers.

• (c) enhance coordination of labour migration governance in the Kenya;
• (d) enhance transparency and flexibility in labour migration;
• (e) promote overseas employment;
• (f) protect the human and labour rights and promote the welfare of Kenyan migrant workers;
• (g) maximize participation of Kenya migrant workers in the economicdevelopment;
• (h)promoteequaltreatmentof foreigners'migrantworkersin Kenya who are lawfully engaged in employment;
• i provide a framework for collection, analysis and use of data and information onlabourmigration and labourmigrants; and
• G)promote opportunitiesforemployment.

4. This Act shall apply to—

• (a) private employment agencies;
• (b) the recruitment ofKenyan citizensfor employment inKenya to a foreign country; and
• (t) migrant workers.

5. (1) The government shall deploy migrant workers to countries where the rights of migrant workers are protected.

• (2)The government shall recognise the following measures as a guarantee by the receiving country for the protection and the rights of migrantworkers-
• (a) existing labour and social laws protecting the rights of migrant workers;
• (b) signatory to multilateral conventions, declarations or resolutions relating to the protection of migrant workers; or
• (c) existing bilateral agreement or arrangement with the government protecting the rights of migrant workers.

Functions of the Authority.

PARTII-ADMINISTRATION

• 6.(1) The functions of the Authority under this Act shall be to-
• (a)register and regulate private employment agencies;
• (b) develop pre-departure programmes for migrant workers;
• (c)monitortheimplementationof thepre-departureorientation programmes;
• (d)identify and create awareness on employment opportunities in any foreigncountryandfacilitateaccess totheopportunities by migrant workers;
• (e) verify and approve job orders emanating from private employment agencies;
• (f) collect, analyse and disseminate data on foreign employment;
• (g) develop and implement programmes necessary to safeguard the rights andwelfare of migrant workers;develop and implement a return and reintegration programme for migrant workers;
• (h) receive and investigate complaints from migrant workers, job seekers, private employment agencies or any person; and
• (i) create public awareness on safe, regular and orderly labour migration.
• (2) The Authority shall engage county governments and establish county offices in performance ofitsfunctions.

Powers of the 7. The Authority shall, in the performance of its functions under this Authority. Act,havethepowerto—

• (a)summon witnesses and require them to—
• (i)give evidence, orally or in writing, on oath or on affirmation; and
• (ii) produce any evidence or exhibits that the Authority considers necessary;
• (b) cooperate and collaborate with other public entities, agencies, any foreign governments, regional and international organizations in the enforcement ofthisAct;
• (c) obtain professionalassistanceor advice from anyperson or organization, whether within or outside the public service, as it considers appropriate; and
• (d) facilitate alternative forms of dispute resolution in disputes arising from this Act.

Establishment ofaMultiAgency Committeeon thevettingof Private Employment Agencies.

Functions of the Committee.

Reports by the Committee

8. (1) There is established a Multi-Agency Committee on Vetting of Private Employment Agencies.

• (2) The Committee shall consist of—

3. (a) the Principal Secretary responsible for matters relating to labour orhisrepresentative; 4. (b) the Principal Secretary responsible for matters relating to foreign affairs orhisrepresentative; 5. (c) the Commissioner for Labour; 6. agencies and appointed by the Cabinet Secretary; 7. (e) the Director of Criminal Investigations or his representative; 8. (f) the Director-General of the National Intelligence Service or his representative; 9. (g) the Director of Immigration or his representative; and 10. (h) the Director-General.

• (3) The Principal Secretary responsible for labour or his or her representative shall be the chairperson of the Committee.
• (4) The Director General shall be the Secretary to the Committee and shallhavenovotingrights.
• (5) The Authority shall be the secretariat to the Committee.
• (6) The Committee may invite any public officer or other person or any representative of any body, who in the opinion of the Committee, has expert knowledge in matters relating to the functions of the Committee to attend any meeting of the Committee and participate in the proceedings.
• (7) A person who attends a meeting under sub section (6) may, if invited, participate in any discussion at the meeting but shall not vote.

16. 9.The Committee shall be responsible for vetting and approving applications for registration made by private employment agencies. 17. 10.(1) The Committee shall submit an annual report to the Cabinet

• (a) the activities undertaken by the Committee during the year;

• (b) thestatusofcompliancetotheregistrationrequirementsby private employment agencies; and

• (c) any other relevant matter.

• (3)Upon receiving the annual report under subsection (1), the Cabinet Secretary may make suchrecommendations to the Committee as he or she may consider necessary.

• (4) Despite subsection (1), the Cabinet Secretary may,at any time, requestforinformationfrom theCommitteeonanymatter

• Labour attaches. 11. (1)The Cabinet Secretary shall deploy a labour attache to serve in each Kenya Mission.

• (2) The Cabinet Secretary shall consult the Cabinet Secretary responsibleformattersrelatingtoforeign affairsbeforedeploying alabour attachetoaKenyaMission.

• (3)Thefunctionsof alabourattachédeployed toaforeign country shall be to—-

• (a) seek employment opportunities for Kenyans in his or her host country;

• (b) authenticate job orders;

• (c)vet destination employment conditions;

• (d) attend to complaints relating to migrant workers in that country;

• (e)visitworkplaces andworkers’accommodationfacilitiestoassess working and living conditions;

• (f)monitortheimplementationofBilateralLabourAgreements;

• (g)monitor the welfare of migrant workers and promote awareness of their rights to minimize on violation of their rights;

• (h)collect and collate labour migration data and statistics onKenyan migrant workers in that country;

• (i) provide labour market information to migrant workers;

• Gi) analyse and advise the Cabinet Secretary on the demand for foreign labour in the respective country;
• (k) attest foreign contracts ofemployment;
• (l)monitor situations and labour policy developments in the host country that may affect migrant workers;
• (m)facilitate the provision of counselling services to migrant workers;
• (n) superviseandcoordinate theoperationsof safehousesfor migrant workers in that country;
• (o) submit to the Cabinet Secretaryan annual report and recommendations relating to the conditions of migrantworkers working in that country; and
• (p) perform any other function as may, from time to time, be assigned by the Cabinet Secretary.
• () () () following information—-
• (a) a list of migrant workers, with names of trades and professions they are employed in, their working conditions, benefits and challenges, if any;
• (b) a list of cases brought against migrant workers, if any, and details thereof,and information about workers detained or convicted of any offence;
• () a list of the migrant workers in distress, the nature of distress and any assistance or services offeredbytheKenyamission or thestepstaken to resolve the problems of migrant workers, including counselling and legal assistance;
• (d) an estimate of the job opportunities for migrant workers in the respective country;
• (e) the status of the implementation of any existing bilateral agreement regarding the rights of migrant workers in the respective country; and
• (f) any other matter as may be specified by the Cabinet Secretary from time to time.
• (5) A labour attache shall, in the performance of his or her duties, be responsible to the head of Mission.

Duties of the 12.(1) The Cabinet Secretary responsible for matters relating to Cabinet foreign affairs shall put in place mechanisms to safeguard the welfare of Secretaryfor Foreign Affairs. migrant workers including ——

• (a)developing andimplementingstrategiesfor migrantworkersto participate in the development process;
• (b) developing measures to enhance the safety and security of migrant workers;
• s migrant workers; and
• (d) establishing an administrative and institutional frameworkfor the coordination of matters relating to migrantworkers.
• (2)TheCabinetSecretaryresponsibleformattersrelating toforeign affairs shall, for the effective implementation of subsection (1), ——
• (a)facilitateinformationsharingasameansofensuringcontinuous engagement between the national and county governments and migrant workers;
• (b) develop policies to incentivize the participation of migrant workers in the economic development,governance and democraticprocesses in Kenya;
• (c)establish a collaborative frameworkwith migrant workers to promote Kenya as an investment destination;
• (d) in consultation with other relevant state agencies, put in place fiscal and non-fiscal measures to promote investment, in Kenya,by migrant workers;
• (e) in consultation with the,relevant State agencies, put in place measures fortheprotectionofmigrantworkersincludingaccesstolegal representation, adequate healthcare services and access to basic services during a pandemic or other emergency in the country of residence;
• (f)\_developandregularlyupdate anintegrateddatabaseonmigrant workers and in particular document the expertise and skills of migrant workers;
• (g)liaisewiththerelevantCabinetSecretarytofacilitatethetimely issuanceandrenewalofpassportsandtheprocessingof any documents requiredtobe issued bythenationalgovernment to

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Role of county governments.

• Application for a county operating licence.

migrant workers;

• (h) develop a framework for the reintegration of returnees upon arrival in Kenya; and
• 1 nominaterecipients of national honours under theNational Honours Act.
• 13.A County government shall—
• (a) issue county operating licences to private employment agencies;
• (b) in collaboration with the National Employment Authority, establish a database of migrant workers from specific counties;
• (c) develop policies and programmes offering incentives to migrant workersfrom specific counties toinvest in;
• (d) publicise, in consultation with the National Employment Authority and private employment agencies, job vacancies for Kenyanworkers outsidethe country;
• (e) develop county specific investment programmes for migrant workers;and
• (f) facilitate, in collaboration with the national government, the reintegration of returning migrant workers back to counties of origin.
• 14.(1)A personwhointends to operate a private employment agency shall submit an applicationfor a private employment agencycountyoperating licence to therespective countyexecutive committeemember.
• (2)An applicationfor aprivate employment agencycountyoperating licence shall bein theprescribed form and shall be submitted together with—
• (a) the prescribed application fee;
• (b)the certificate of registration; and
• () any other information which may be prescribed in the regulations under this Act.
• (3) The county executive committee member shall keep and maintain a register in which shall be recorded all applications made and licences issued under thisAct.
• (4) The county executive committee member shall, within fourteen days of receipt of an application under this section, consider the application and may——

O

Migrantworkers portal

• (a) where the applicant meets the requirements of this Act, approve the application and issue a licence to the applicant;
• (b) approve the application subject to such conditions as the county executivemembermayimpose; or
• (c) reject the application.
• (5) The county executive committee member shall notify the applicant in writing of any decision made under subsection (1) within seven days of the decisionbeingmadewithreasonsthereforwhereapplicable.
• (6)Apersonaggrievedbythedecisionof thecountyexecutive committee member under this Act may apply to a court of law for review of thedecisionwithinfourteendaysfromthedateof thedecision.
• (7) A county operating licence shall be renewed annually.
• (8) A person shall not operate a private employment agency without a county operating licence.
• d d ) county operating licence commits an offence.

15. (1) The Authority shall establish a migrant workers online portal.

• (2) The migrant workers online portal shall
• (a) facilitate the registration of private employment agencies;
• (b)facilitate the registration of migrant workers;
• (e) provide details of all registered private employment agencies;
• (d)provideaplatformforinteractionbetweenthemigrant workers and the National and county governments, private institutions, investors, and other relevant institutions;
• (e) provide access to finance, information, innovation, and investments for the migrant workers;
• (f) provide information on job opportunities outside the country;
• (g) provide information on clearances, approvals and registration requirements formigrantworkers;
• (h) receive complaints and recommendations from migrant workers, industry stakeholders and the general public; and

Registration of a private employment agency

Application for registration.

• (i) serve as a gateway to all migrant workers' services by the national and countygovernments.

MPARTIII-PRIVATEEMPLOYMENTAGENCIES

16. (1) A private employment agency shall be registered under this Act.

• (2) A person shall not operate a private employment agency unless the person is registered under this Act.
• (3) A person who contravenes sub section (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding ten years, or to both.

17. (l) A person who intends to register a private employment agency shall apply to the Director-General for registration in the manner prescribed in regulations.

• (2) Upon receipt of the application made under sub section (1), the Director-General shall submit the application to the Committee for vetting and approval.
• (3) The Committee may, while assessing an application made under this section——
• a) summon and interview the directors of a private employment agency; and

8. (b) conduct any necessary investigations with regard to the applicationfor registration.

• (4) After assessing the application for registration, the Committee shall--

10. (a) if satisfied that the application for registration complies with the requirements of this Act relating to registration, approve the application and direct the Director-General to issue a certificate of registration in the prescribed form; or 11. (b) where the application does not comply with the requirements of this Act relating to registration, reject the application and require theDirector-Generaltocommunicatesuchrejectiontothe applicant in writing, giving reasons for the rejection.

• (5) Despite subsection (4) (a), in the case of a private employment agency engaged in the recruitment of workers for foreign employment, a

certificate of registration shall notbe issued if the applicant has not executed the security bond specified in section 20.

• (6)A registered private employment agency shall display its certificate of registration in a conspicuous place at the premises where the business is carried on.

• (7)A certificate of registration issued under this section is not transferable.

• (8) A certificate of registration shall, unless cancelled earlier, be valid for a period of oneyear from thedateofissuance.

• eo d () certificate upon expiry of the certificate.

Conditionsfor registrationof private employment agencies.

18. (1) A private employment agency applying for registration shall provide the Authority with proof of

• (a) registration in Kenya as a

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• (i) company under the Companies Act; or

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• (ii)partnership firm under thePartnerships Act; or

• (i)limited liability partnership under the Limited Liability Partnership Act; or

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Cap 134

• (iv)non-governmental organization nunderthe Non- Governmental Organizations Co-ordination Act;

• (b)a county operatinglicence;

• (e) financial capacity as prescribed by the Authority;

• (d)'market viability; and

• (e)a duly notarised undertaking for liability for claims or damages for its commissions and omissions.

• (2) A private employment agency shall not be registered if-

• (a) it does not meet the requirements for registration prescribed in this Act and regulations;

• (b)it provides, in the application, information which is false or incorrect;

Security bond.

Cancellationof registration.

• (c) there is continued non-compliance with the Act by the applicant;
• (d) it or any of its directors have been convicted of human trafficking or human smuggling; or
• (e) it is found, in accordance with any law, to have misused or abused aStateoffice or publicofficeor in anyway tohave contravenedChapterSixoftheConstitution.

19. (1) Every private employment agency that is engaged in the recruitment of workers for foreign employment shall, upon receiving a notification of approval and notification of payment from the DirectorGeneral, execute a security bond as prescribed by the Cabinet Secretary with a bank or an insurance company registered and licensed in Kenya.

• (2) The security bond under sub section (1) shall be—
• (a) valid for a period of one year and shall run concurrently with the validity period of the certificate of registration;
• (b) in the name of the private employment agency and shall not be transferable to any other person or entity; and
• (c)usedfor thepurpose of repatriation and other entitlements in the event of default by the private employment agency or the employer.
• (3) The security bond shall not be sourced from the capital of the private employment agency.

20. (1) The Authority may cancel the certificate of registration of a private employment agency if-

• e d n () or misleading;
• (b) the holder of the certificate of registration fails to comply with any requirement of this Act;
• (c) the private employment agency fails to file periodic returns;
• (d) the private employment agency violates any condition of the certificate of registration;
• or order issued by the Authority under this Act; or
• (f)registration was fraudulently acquired.

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Register of private employment agencies.

Branches.

Changeof office.

• (2) The Cabinet Secretary may, by notice in the Gazette prescribe other grounds for cancellation of registration.

2. (3)The Committee shall,when cancelling the registration of a private employment agency, be guided by the provisions of the Fair AdministrativeActionAct. 3. (4)A person whoprovides false or misleadinginformation in relation to the matters specified in subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or to both. 4. 21.(1) The Director General shall keep and maintain an up to date register of private employment agencies. 5. (2)The register shall be a public document and available for inspection by any person.

• (3) The register under sub section (1) may be in electronic form.

7. 22.(1) A registered private employment agency that seeks to open a branchshallapplytotheAuthorityfor registrationof thebranchin the manner prescribed in regulations.

• (2) The Authority shall upon receipt of the application, cause the premises to be inspected and shall—

9. Act and regulations issue a licence; or 10. (b)where the applicantdoesnot meet therequirementsforregistration, rejectthe application andcommunicate therejectionto the applicant in writing, giving reasons for the rejection. 11. 23.(1) A private employment agency that seeks to change its registeredofficeorbranchofficeshall applytotheAuthorityfor changeof office in the manner prescribed in regulations.

• (2) The Authority shall upon receipt of the application, cause the premises to be inspected and shall—

13. (a)ifsatisfiedthat thenewofficeorabranchofficemeets the requirements of this Act and regulations issue a licence; or 14. (b)where thenewoffice or a branch officedoesnot meet requirements of thisAct and regulations,reject the application and communicate the rejection to the applicant in writing, giving reasons for the rejection.

Approval of job orders.

Advertisement of jobs by private employment agencies.

• a totheAuthorityfor approval.
• (2) A job order for foreign employment shall be attested by the relevantKenya mission and thereafter submitted by theprivate employment agency to the Authority for approval.
• (3) The Authority shall not approve a job order unless the terms and conditions of employment are compatible with the minimum Kenyan statutoryrequirements.
• 25.(l) A private employment agency shall not issue any advertisement calling for applications for employment unless—
• (a) the Authority has approved the advertisement; and
• (b) the advertisement is in the manner prescribed in regulations.
• (2) The Authority may, if satisfied that the proposed advertisement or notification calling for applications for employment complies with this Act and regulations, approve the issuance of the advertisement or notification.
• (3) The Authority may refuse to grant approval under this section if it is satisfied that—
• (a)the nature of employmentforwhich persons are tobe recruited is degrading or inhuman;
• (b) the terms and conditions offered to the workers are not satisfactory;
• (c) the lives of workers would be endangered by reason of civil war employed;
• (d) the health and safety of the workers would be endangered; or
• (e) the requirements prescribed in regulations have not been complied with.
• (4) A private employment agency which has obtained approval under this section may advertise job vacancies within their premises, a public office or through themedia.
• (5) A person who contravenes subsection (1) commits an offence and shall, upon conviction, be liable to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding one year or to both.

Codeofconduct for private employment agencies.

Obligations of private employment agencies.

26.TheAuthorityshallprescribeacodeofconductfor private employment agencies.

27. (1) A private employment agency shall 2. (a)keep and maintain anup to dateregister of recruitedworkers and provide this to the Authority as and when required; 3. (b)provide the contract of employment to themigrant worker atleast fourteen days before the date of departure; 4. (c)ensurethatacontractofemploymentcomplieswiththe provisions of any relevant written law, bilateral labour agreements andmemoranda of understandingbetweenKenya andthe countries of destination; 5. (d)keep and maintain any record which,by regulations made under subsequent tothe occurrenceof theeventrecorded; 6. (e) notify the Authority of any migrant worker who is in distress; 7. (f)inform the Authority in writing of any change in the particulars stated in the application for a certificate of registration within thirty days of such change; and 8. (g)file such returns as maybe prescribed in regulations. 9. respect of anything done or to be done at an employment agency—- 10. (a) any fee or other payment or reward at a rate higher than that which may, from time to time,be prescribed for any particular area or class of business; or 11. (b) any fee, payment or reward, unless provision has been made for the charging of such fee, payment or reward in regulations made under this Act. 12. (3)A person who contravenes subsection(l) or (2) commits an offence andshallupon convictionbeliabletoafinenotexceeding one million shillings or imprisonment for a term not exceeding two years or to both suchfine and imprisonment.

Pre-departure orientation.

PARTIV-PRE-DEPARTUREPROCEDUREFORFOREIGN EMPLOYMENT

• 28.(1) A person who desires to travel to another country for purposes of foreign employment shall undertake pre-departure orientation.
• (2) The Cabinet Secretary may prescribe the categories of employees who shall undertake pre-departure orientation.

29. The National Industrial Training Authority established under section 3 of the Industrial Training Act shall in conjunction with the Authority and other labour industry players develop curricula on, among others——

• (a) contract management;
• (b)theculture and laws of the countriesof destination
• (c)social media management;
• (d) attitudes on customerservice;
• (e) languages of the countries of destination;
• f) )assessment ofmigrantworkers'skills;
• (g) certification of migrant workers' skills;
• (h) training, assessment and certification of homecare; and
• (i) financial literacy.
• 30.(1) Where an employer who is not resident in Kenya or a private employment agency intends to recruit amigrant worker for foreign employment, the employer or the private employment agency shall arrange for the conclusion of a contract of employment between the employer and the migrant worker before departure from Kenya.
• (2) A foreign contract of employment shall be-
• (a) in the prescribed form;
• (b) signed by the parties to the contract; and
• (c) attested by a labour officer.
• (3) A private employment agency shall be considered to be a

TheNational Industrial Training Authority role in pre-departure training.

Foreign contractsof employment.

Attestationof foreign contracts of employment.

Security in foreign contracts of employment.

representative of the foreign employee and liable for breach of any term of the foreign contract of employment under subsection (1).

• (4) Despite subsection (1), a migrant worker who is recruited under a government-to-government arrangementshallhavehisforeigncontractof employment attested in accordancewith thisAct.

31. (1) A foreign contract of employment shall not be attested unless thelabourofficerissatisfied that 3. (a) the private employment agency is registered with the Authority; 4. (b) the private employment agency has executed a security bond; 5. (c) theemployeehas not beeninduced toenter intothecontract through fraud, coercion, undue influence, mistake of fact or misrepresentation; 6. (d) the terms and conditions ofemploymentcontained in the contract comply with approved job orders and the provisions of the employment laws; 7. (e)theemployeeismedicallyfitfor theperformanceof theduties stipulatedinthecontractandamedicalcertificateinthe prescribed form has been given to the attestinglabour officer in respectofthatemployee; 8. (f)the employee is not bound to serve under any other contract of employment during the period provided in the foreign contract of employment; and 9. (g) the employee has undertaken pre-departure orientation.

• (2) The employee shall appear in person before a labour officer for purposesof attestation.

11. 32.(1) Where an— 12. (a) employer who enters into a foreign contract of employment does notreside or carry on business withinKenya; or 13. (b) employer residesinKenya,

theCommissionerforLabourmayrequiretheemployer togiveasecurity bond in the prescribed form,with one or more sureties resident in Kenya and approved by the Commissioner for Labour for the due performance of the contract insuch sums as the Commissioner for Labour considers reasonable.

Offence to induce a migrant workerto proceed abroad under informal contract.

Registrationof migrant workers.

• (2) Where the employer has an authorised agent resident in Kenya, the Commissioner for Labour may require that the security bond specified in subsection (1) be given by the agent and the agent shall personally be bound bythetermsof thebondnotwithstanding thedisclosureof his or her principal.

33. A person who—— 3. (a) employs, engages, or knowingly aids in the employment or engagementof amigrantworkerwiththeintention thatwhen so employed or engaged that person shall proceed outside the borders of Kenya; or 4. (b) induces or attempts to induce a migrant worker to proceed outside theborders ofKenya,

unless the person has duly entered into a foreign contract of employment with the migrant worker under this Act, commits an offence and is liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years or to both.

34. (1) A person who intends to travel to another country for purposes of foreign employment shall apply to the Authorityfor registration. 2. n s (

• (3) The Authority shall, upon reviewing the application under subsection (1) —

4. (a) record the particulars of the worker in the prescribed manner; and 5. (b) subject to the fulfilment of all requirements relating to migration, issue a clearance certificate to the migrant worker.

• (4) A migrant worker who is not registered under sub-section (1) shall registerwith theKenyamissionin thecountrywhere theworkeris employed withinninetydaysofemployment.

7. (5)A person who contravenes sub section (1) or (4) commits an thousand shillings or to imprisonment for a term not exceeding three months. 8. Register of 35. (1) The Authority shall keep and maintain an up to date register migrant of migrant workers in each foreign country. workers.

• (2) The register under subsection (1) may be in electronic form.

Port of departure.

Exemption of certainpersons.

Appointment of inspectors.

• (3)A copy of the register kept and maintained under subsection (1) shall be kept by everyKenya Mission in each foreign country.
• 36.Thedepartureofamigrantworkerforforeign employment shall Citizenship and Immigration.

37. This Part shall not apply to the departure of-

• (a) a person employed in the service of the national government or county government, who, with permission from a competent authority, is going overseas to perform an official duty or for the purposes of education or training, or for employment with aninternational or multilateral organisation;
• (b) a student;
• (c) a trainee;
• (d) a tourist;
• (e) employed seafarers;
• (f)apersonemigrating atself-initiativeforemploymentina foreign country;
• (g) a person emigrating to a foreign country for the purpose of medical treatment and care, or for religious, business or investment purposes;
• (h) a dependant of any Kenyan citizen employed in a foreign country or lawfully staying in a foreign country;
• (i) a person who initially emigrated for education and later accepted employment in a foreign country; or
• Gj) a person emigrating for a purpose which is not in conflict with the purposes of this Act.

PARTV-ENFORCEMENT

• 38.(1)The Authority shall,by notice in the Gazette,appoint qualified persons, whether by name or by title of office, to be inspectors of theAuthorityfor such jurisdictionunits as shallbespecified in thenotice appointing them.
• (2) An inspector shall—
• (a)monitor compliance with the provisions of thisAct;and

Powers of inspectors.

• (b)perform such otherfunctions as mayberequired under this Act or under the instrument appointing him.

39. (1) An inspector may, without notice and at any reasonable time during the day, enter any premises for the purpose of conducting any search therein where there arereasonable grounds for believing that such entry or search is necessary for the prevention, investigation or detection of an offenceunder thisAct.

• (2)In the exercise of the powers conferred upon an inspector by subsection (1), the inspector may—
• (a) require a private employment agency to produce any books or documentswhichrelatetoitsbusiness;
• (b) at any place require any person who has the possession, custody or control of any books or documents relating to the business of any person who is or was managing a private employment agency, to produce the books or documents;
• (c) examine and make extracts from, and copies of, any books or documents referred to in paragraph (a) or (b);
• (d)require anexplanation of anyentryin anybooks ordocuments referred to in paragraph (a) or (b); or
• (e) seize any book or document referred to in paragraph (a) or (b) that in his opinion, may afford evidence of the commission of an offence underthisAct.
• (4) Every private employment agency and every person employed by the private employment agency, shall at any reasonable time, furnish such premises for the purpose of inspecting or examining the books and thereto.
• (5) A person shall not-
• (a) make a false statement in any representation to an inspector investigating a case under this section which that person knows to be false in any material particular;
• (b) refuse to answer any question which an inspector, in the exercise of his or her functions under this section, asks him or her;
• (c) refuse to comply, to the best of his or her ability, with any requirement made by an inspector in the exercise of his functions

Ordersofthe Authority.

Restrictionson labour migration.

Repatriationof migrant workers.

under this section; or

• this section.
• (6) A person who contravenes any provision of subsection (5) commits an offence and shall be liable toa fine not exceeding onehundred thousand shillings or imprisonment for a term not exceeding three months
• 40.TheAuthoritymayissuetoaprivateemploymentagencysuch orders as it mayconsider necessaryfor compliancewith theprovisionsof this Act.

PARTVI-MISCELLANEOUSPROVISIONS

41. (l) The Cabinet Secretary may, by notice in the Gazette, restrict themigration ofKenyanworkerstoanycountryif themigration to that country may jeopardize public or state interest or the health and safety of the migrantworkers.

• (2) The Cabinet Secretary may, by notice in the Gazette, in the public interestorforpreservationof humanresources,temporarilyrestrict migration ofacategoryofworkerstoanycountry.

42. (1) The repatriation of a migrant worker and his or her personal belongings shallbe theprimaryresponsibilityof theprivateemployment agencywhichdeployed theworker and all costs attendanttorepatriationshall be borneby or charged to the agency if 4. (a) the migrant worker is found on medical examination to be unfit for employment; 5. (b) the migrant worker fails to secure the employment signed for under the contract of employment; or 6. (c)theAuthorityfinds that themigrantworker hasbeen employed by misrepresentation ormistake.

• (2) Repatriation of the remains and personal belongings of a deceased migrantworker shall be facilitatedbythe private employment agency in collaborationwith the employerwithin onemonthof thedeathof amigrant worker.

8. (3)Despite sub section(1)and (2)where the termination of employment is due solely to the fault of the migrant worker,the private employmentagencyshallnotberesponsiblefortherepatriationofthe migrant worker.

• (2) commits an offence and is liable on conviction to a fine not exceeding five million.

Bilateral labour agreements.

43. (1) The national government shall conclude a memorandum of understanding,a bilateral labour agreement or any other instrument with anothercountryto—

• (a) enhance safe, fair and orderly migration;

• foreign employment;

• (c) improve the management of labour migration;

• (d) improve the repatriation and reintegration of the migrant workers; and

• (e) safeguard the welfare and rights of migrant workers and the membersoftheirfamilies.

• (2)Any memorandum of understanding,bilateral labour agreement or any other instrument under the subsection(1)shall be concluded on thebasis of the following principles,among others—

• (a) promotion of fair recruitment;

• (b) protection of the migrant workers? rights;

• (c) safety and human dignity of migrant workers within the country;

• (d) protection of labour and other human rights of Kenyan migrant workers in the concerned country;

• (e) respect to international standards;

• (f)migrant workers' right to information; and

Petitions to the Cabinet Secretary on private employment agencies.

44. (1) A person may submit a petition to the Cabinet Secretary on any activity of a private employment agency.

• (2) A petition shall set out ——

• (a) the name of the private employment agency;

• (b)whether theissues inrespect of which thepetition is made are pending before any court of law or other constitutional or legal

body.;

• (t) activities of the private employment agency in question;

• (d) a clear, proper and respectful prayer, reciting the definite object of the petitioner or petitioners in regard to the matter to which it relates;and

• (e) the name and address of the person making the petition.

• (3)The Cabinet Secretary shall consider thepetition presented under subsection(l)withinonemonth.

• (4) The Cabinet Secretary shall,within fifteen days of his or her decision, in writing, notify the petitioner of his decision.

• functions under this Act,consult with such other persons or bodies as he or she may consider necessary.

Appeals.

• 45.A person who is aggrieved by any administrative decision made under this Act, may appeal to the Employment and Labour Relations Court withinthirtydaysofthedecision.

Offences.

• 46.Apersonwho-

• (a)engagesin thedeployment of a migrant workerin a jobwhichis harmful to the health, security or dignity of the migrant worker;

• (b)substitutes or altersaforeigncontractof employment thathas been approved andattested bya labour officer without the approval of the labour officer; or

• (c)withholdsthetraveldocumentsofamigrantworkerbefore departureformonetaryorfinancial consideration,orfor anyother reason,other than those authorized under this Act,

commits an offence and is liable,on conviction,to a finenot exceeding three million shillings, or to imprisonment for a term not exceeding twoyears, or both.

• General penalty.

47. (1)A person who commits an offence under this Act for which no specific penalty is provided is liable,on conviction,to a fine not two years, or to both.

• (2) In addition to any penalty referred to in sub-section (1), the Court may—

• (a) order the revocation of the certificate of registration of a private employmentagency;or

• (b) prohibit the doing of any act to stop the continued contravention of this Act.

Safe houses.

48.

The Cabinet Secretary for matters relating to foreign affairs

shallestablishsafehouses inlabour destination countries toprovide

temporary holding for migrant workers in distress.

• Regulations. 49. (1) The Cabinet Secretary may, in consultation with county governments, make regulations necessary for the purpose of giving effect to, orforthebetteradministrationofthisAct.

• (2) Without prejudice to the generality of subsection (1), regulations made under subsection (1) may prescribe

• (a) forms to be used under this Act;

• (b) the manner in which registers are established or maintained under this Act, including the details or particulars required to be entered in the registers;

• (c) content and duration of pre-departure orientation programmes;

• (d) exemption of any area, occupation, organization or class of persons from any part of this Act;

• (e) fees to be paid under this Act;

• (f) fees which may be charged in respect of the business of a private employment agency;

• (g) requirements for opening branches;

• (h) cancelation of certificates of registration

• Gi) premises to be used by private employment agencies;

• (k) qualifications of the directors or persons operating private employment agencies;

• (l)procedure for change of physical location of the office;

• (m)filing of returns by private employment agencies;

• (n) nature and form of security to be given by the proprietor of a

Transitional provisions.

Consequential amendments.

private employment agencyfor anyrecruitment of employees;

• (o) procedure for making or paying claims for compensation under the security bond;
• (p) reintegration services and programs including recognition of skills and qualifications acquired abroad; and
• (q) procedure for lodging complaints with the Authority.
• 50.(1)A person who at the commencement of this Act is carrying on business as a private employment agency on the authority of registration certificate issued under the Labour Institutions Act shall apply for fresh registration under this Act within sixmonths of the commencement of this Act.
• (2)Any administrativedirectionmadeby theCabinet Secretary,the Commissionerfor Labour,the Committee or theAuthorityunder theLabour InstitutionsActinforceimmediatelybefore thecommencementof thisAct shall have force as if it was a direction made by the Cabinet Secretary, the Commissioner for Labour, the Committee or the Authority under this Act.
• (3)Anystatutoryinstrumentmade under theLabourInstitutions Act or theEmployment Act shall remain inforce,sofar as it is not inconsistent with this Act, until it is revoked by a statutory instrument made under this Act, and shall be deemed for all purposes to have been made under this Act.

51. The laws identified in the Schedule are amended as provided.

SCHEDULE (S.51)

CONSEQUENTIALAMENDMENTS

| Act | Section | Amendment | |-----------------------------------|------------|--------------------------------------------------------------------------------------------------------------| | TheLabourInstitutionsAct, Cap 234 | 2 | DeletedefinitionofDirector | | TheLabourInstitutionsAct, Cap 234 | 2 | Delete the definition Director | | TheLabourInstitutionsAct, Cap 234 | 6 (1) (g) | Delete director of employmentandsubstitute therefor with director generaloftheNational Employment Authority. | | TheLabourInstitutionsAct, Cap 234 | 30(1) (b) | Delete | | TheLabourInstitutionsAct, Cap 234 | 30 (1) (c) | Delete the words pue, employment" | | TheLabourInstitutionsAct, Cap 234 | 30 (2) (b) | Delete. |

The LabourMigration and Management (No.2) Bill,2024

| | 32 (2) (b) | Delete. | |-----------------------------|--------------|---------------------------------------------------| | | 32 (2) | Delete | | | 32 (4) | Delete the words "the Director of Employment'. | | | 33(1)(b) | Delete | | | 36 | Delete | | | 42 (1) | Delete the words “and the Director of Employment" | | | 42 (3) | Delete | | | 54A | Delete | | | 54B | Delete | | | 54C | Delete | | | 55 | Delete | | | 56 | Delete | | | 57 | Delete | | | 58 | Delete | | | 59 | Delete | | | 60 | Delete | | The Employment Act, Cap 226 | 83 | Delete | | The Employment Act, Cap 226 | 8 | Delete | | The Employment Act, Cap 226 | 85 | Delete | | The Employment Act, Cap 226 | 86 | Delete |

I certify that this printed impression is a true copy of the Bill as passed by the Senate, with amendments, on Tuesday, 3rd March, 2026.

ClerkoftheSenate

Endorsed for presentationto theNationalAssemblyin accordance with the provisions of standingorder161(1)of theSenateStandingOrders.

Speakerofthe

Senate