A bill making its way through Parliament is expected to help improve the welfare of Kenyan migrant workers in the Middle East and other parts of the world.
The Labour Migration Management Bill 2024, sponsored by nominated Senator Tabitha Mutinda, seeks to safeguard the rights and welfare of job seekers and migrant workers.
The bill would consolidate laws relating to labour migration and proposes to repeal sections of the Labour Institutions Act and the Employment Act.
It would also regulate private employment agencies and the recruitment of workers in and outside Kenya.
“The objective of the bill is to promote safe, fair, ethical and orderly recruitment of workers, protect the rights of job seekers, enhance coordination of labour migration governance in Kenya and enhance transparency and flexibility in labour migration,” part of the proposed law says.
Under the bill, the government would deploy migrant workers to countries where their rights are protected.
The government would recognise existing labour and social laws protecting the rights of migrant workers, multilateral conventions, declarations or resolutions relating to the protection of migrant workers or existing bilateral agreements or arrangements with the government protecting the rights of migrant workers.
The National Employment Authority (NEA) would be responsible for registering and regulating private employment agencies, developing pre-departure programmes for migrant workers, and monitoring and implementing related orientation schemes.
In addition, the NEA would identify and create awareness about employment opportunities in foreign countries and facilitate access to them by migrant workers.
“The authority will verify and approve job orders emanating from private employment agencies, collect, analyse and disseminate data on foreign employment and create public awareness on safe, regular and orderly labour migration,” the bill says.
The bill also proposes the creation of a multi-agency committee on vetting of private employment agencies.
The committee would consist of the Labour and Foreign Affairs Principal Secretaries, a representative of private employment agencies nominated by the largest and most representative association of such organisations and appointed by the Labour Cabinet Secretary, the Director of Criminal Investigations, the National Intelligence Service director general, and the director of Immigration Services.
“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,” the bill says.
In order to address abuse of migrant workers, the bill proposes that the Labour Cabinet Secretary deploy a labour attaché in each of Kenya’s diplomatic missions abroad.
The Labour CS would consult the Foreign Affairs minister before deploying a labour attaché abroad.
The functions of a labour attaché would be to seek employment opportunities for Kenyans in the host country and authenticate job orders.
The attaché would also vet destination employment conditions; address complaints relating to migrant workers in that country; and visit workplaces and workers’ accommodation facilities to assess working and living conditions.
“The labour attaché [would] collect and collate labour migration data and statistics on Kenyan migrant workers in that country; provide labour market information to migrant workers; [and] analyse and advise the Cabinet Secretary on the demand for foreign labour in the respective country,” the bill states.
The attaché will be required to submit to the Cabinet Secretary an annual report and recommendations relating to the conditions of Kenyan migrant workers in that country among other functions assigned by the Cabinet Secretary.
The Foreign Affairs CS would put in place mechanisms to safeguard the welfare of migrant workers, including developing and implementing strategies for migrant workers to participate in development; develop measures to enhance the safety and security of the workers; and develop and implement mechanisms for engaging with the workers.
The CS will also establish an administrative and institutional framework for coordinating matters relating to migrant workers.
Under the proposed law, county governments would issue county operating licences to private employment agencies, and, in collaboration with the NEA, establish a database of migrant workers from specific counties.
“A person who intends to operate a private employment agency shall submit an application for a private employment agency county operating licence to the respective county executive committee member,” the bill says.
A person who desires to travel to another country to take up a job must undergo pre-departure orientation.
