Kenya Steps up Bid to Protect its Diaspora Labour Force After Delays

Kenya’s Labour Migration Management Bill remains pending in the Senate, with debate delayed until Parliament resumes from recess. 

The hold-up leaves migrant workers without the protections the proposed law is intended to provide. The Bill, first introduced in September 2024, is currently at its third reading in the Senate. Labour officials have urged lawmakers to prioritise its passage, warning that the delay continues to expose Kenyan workers abroad to exploitation by unregulated recruitment agents.

The legislation is designed to address gaps in the oversight of private employment agencies, which have been linked to unsafe contracts and abusive working conditions overseas. It would require agencies to take full responsibility for repatriating workers facing distress, illness, or contractual disputes. 

This includes covering the cost of returning workers and their belongings, and, in the event of death, ensuring remains are returned within one month. Agencies would not be liable if employment ends due to the worker’s own actions.

A central provision is the introduction of a mandatory security bond for recruitment firms, initially set at KSh1.5 million. This bond would act as a financial safeguard to support the rescue or return of workers when needed. 

Previous attempts to enforce similar measures were undermined by weak regulations, which allowed agencies to avoid accountability. The new Bill proposes placing these funds within a Migrant Workers Welfare Fund to ensure prompt assistance.

The National Employment Authority has called for urgent action, stating that the delay prolongs a regulatory gap that has persisted for over a decade. Labour Cabinet Secretary Alfred Mutua and NEA Director General Edith Okoki recently appeared before the National Assembly’s Diaspora Affairs Committee to emphasise the need for swift approval. 

Kenya’s approach to labour migration has shifted over time. In 2014, the government imposed a temporary ban on the export of unskilled labour following reports of abuse. The ban was lifted in 2016, after which overseas employment resumed, particularly in Gulf countries. Reports of mistreatment have continued, while enforcement of existing protections remains limited outside Kenya’s jurisdiction.

The Bill also introduces tighter controls on recruitment practices. Agencies would be prohibited from advertising overseas jobs without approval from the National Employment Authority and would be required to maintain detailed records of deployed workers. Violations could result in fines of up to KSh10 million or prison sentences of up to ten years.