Relief for job seekers on clearance papers rule
By Kiplangat Jeremiah, April 5, 2022
Potential employers are now barred from demanding clearance certificates from job seekers before they recruit them.
A new law that was assented to by President Uhuru Kenyatta yesterday states that an employer will be expected to hire a person first before demanding such documents from State agencies like the Ethics and Anti-Corruption Commission, the Credit Reference Bureau, the Kenya Revenue Authority or the Higher Education and Loans Board.
The Employment (Amendment) Bill, 2019 was sponsored by Nominated MP Gideon Keter who has been pushing for the abolition of this requirement saying it was too costly for graduates to raise the amount of money required to acquire the certificates.
The President welcomed the law.
“The new Employment (Amendment) Act gives reprieve to job seekers by requiring employers to only ask for clearance or compliance certificates “upon granting an offer of employment to a prospective employee.” Previously, prospective employees were required to avail such documentation during a job application,” a State House communiqué said.
Recently, Keter said the government agencies should not treat job seeking as a revenue-generating venture.
“The issuance of clearance certificates ought not to be treated as a revenue stream by public entities mandated to issue the same. The CRB charges Sh2,200 while DCI charges Sh1,050 for a Certificate of Good Conduct,” he said.
The MP added that those who suffered most because of the requirements were young people.
“They are mostly first-time job seekers who are unable to pay for the clearance certificates required by employers. The Bill seeks to cure this by providing that employers may only request for any clearance or compliance certificates only upon granting an offer of employment,” he added.