Tough times for rogue job agencies as rules tightened

The National Assembly./FILE

Private recruitment agencies offering overseas jobs now face tougher regulations, with stiffer penalties for non-compliance to protect job seekers.

Agencies that fail to execute a security bond to safeguard job seekers risk a fine of Sh1 million or a two-year jail term for their directors.

Additionally, individuals operating unregistered recruitment agencies will face fines of up to Sh10 million, 10 years in jail or both.

These stringent penalties have been proposed by Parliament in its bid to crack down on rogue agencies that have exploited desperate job seekers, subjecting many to untold suffering.

The Senate’s Labour and Social Welfare Committee has recommended mandatory execution of a security bond in its report on the Labour Migration and Management Bill, which is currently under consideration in the House.

“A person who provides false or misleading information concerning the matter commits an offence,” the committee states in its report.

The Bill, sponsored by Nominated Senator Tabitha Mutinda, stipulates that once an agency receives a certificate of registration, it must execute the bond with a local bank or insurance firm.

“Every private employment agency engaged in the recruitment of workers for foreign employment shall execute a security bond as prescribed by the Cabinet Secretary with a bank or insurance company registered and licensed in Kenya,” the Bill reads.

This bond will serve as a safeguard, covering repatriation costs and other entitlements in cases where either the agency or employer defaults.

The bond will be valid for one year, matching the validity period of the agency’s certificate of registration.

The need for such measures has been fueled by a growing number of cases involving Kenyans stranded abroad after being abandoned by agencies or subjected to harsh and inhumane conditions by foreign employers.

Most of these cases involve domestic workers in the Middle East and other countries.

Some agencies have also been accused of conning job seekers—collecting thousands of shillings with false promises of employment, only to disappear or fail to deliver jobs.

“The principal object of the Bill is to regulate private employment agencies and the recruitment of workers within and outside Kenya, while safeguarding the rights and welfare of job seekers and migrant workers,” the Bill says.

The proposed law will establish a Multi-Agency Committee on Vetting of Private Employment Agencies, which will be tasked with assessing and approving agency applications.

The team includes principal secretaries responsible for labour, foreign affairs and representatives of private employment agencies nominated by the largest and most representative association of private employment agencies and appointed by the Labour CS.

Others are the Director of Criminal Investigations or his representative, the Director-General of the National Intelligence Service or his representative, the Director of Immigration or his representative and the Director General of the National Employment Authority.

“The committee shall be responsible for vetting and approving applications for registration made by private employment agencies,” the Bill says.

The Bill provides that the CS shall deploy a labour attaché to serve in each Kenya Mission.

The attache shall be responsible for seeking employment opportunities for Kenyans in his or her host country, authenticating job orders, vetting destination employment conditions and attending to complaints relating to migrant workers.

They will also visit workplaces and workers’ accommodation facilities to assess working and living conditions.

Further, the Bill mandates Nea to establish a migrant worker online portal to facilitate the registration of private employment agencies.

The portal shall also facilitate the registration of migrant workers and provide details of all registered private employment agencies.

“A person who intends to register a private employment agency shall apply to the Director-General for registration in the manner prescribed in regulations,” it says.

INSTANT ANALYSIS

The government has launched a multi-agency task force to crack down on rogue recruitment agencies defrauding Kenyans seeking opportunities abroad. The initiative, led by the Ministry of Labour, is necessitated by the rising number of cases where individuals and companies masquerading as licensed recruitment agents defraud desperate Kenyans under the false promise of overseas employment.