Court Rejects Bid to Halt Labour Migration, Orders Vetting of Recruitment Agencies

The High Court has declined to suspend labour migration to the Middle East and has instead directed the Ministry of Labour to begin an immediate vetting of all licensed recruitment agencies.

In its ruling, the court found that a blanket ban on overseas job placements would be disproportionate and impractical. It said stronger oversight of recruitment agencies was a more appropriate way to address concerns about the welfare of Kenyan workers abroad. 

The Ministry of Labour has now been ordered to review and verify all licensed agencies, a process expected to strengthen accountability within the sector. The court also considered requests relating to Kenyan workers already employed overseas. 

It declined to order the immediate return of workers alleged to be facing mistreatment, finding that such a directive would be too broad to implement effectively. However, it ordered the government to repatriate the body of Lucy Ngana, a Kenyan who died while working abroad.

In reaching that decision, the court cited Section 84 of the Employment Act, which places a duty on labour officers to facilitate the repatriation of deceased migrant workers. The judges rejected the government's argument that the cost of returning bodies should remain the responsibility of families.

On wider policy matters, the court reaffirmed the principle of separation of powers. It declined requests to compel the government to ratify international labour conventions or enact the Labour Migration Management Bill, stating that treaty ratification and law-making are responsibilities of the Executive and Parliament. 

The court nevertheless encouraged policymakers to consider adopting international instruments that could improve protections for Kenyan workers overseas. The judges also dismissed several other requests contained in the petition. 

These included proposals for government-funded awareness campaigns, rehabilitation programmes for returning migrant workers and compensation for children of deceased workers. The court held that such measures either fall outside the scope of employment law or require legislative action rather than judicial orders.

Claims for damages linked to alleged psychological and physical harm were also rejected. The court noted that the petition focused on broader systemic reforms and was not the appropriate forum for determining individual compensation claims.

The judgment has been forwarded to the Attorney General for consideration in future labour migration policy. The ruling places greater emphasis on oversight of recruitment agencies while leaving broader legislative and policy reforms to the Executive and Parliament.