Introduction
Unemployment and underemployment as socio-economic challenges in Kenya have been a push factor for job seekers to seek opportunities overseas. The government, cognizant of this problem, has opted for bilateral agreements (BLAs) with other countries as a strategic approach to create more job opportunities for job seekers in Kenya. The agreements include the comprehensive migration and mobility partnership between Kenya and the Federal Republic of Germany,[1] Saudi Arabia,[2] and Qatar,[3] and the Agreement with the United Kingdom and Northern Ireland on collaboration for healthcare workers.[4] The rationale for BLAs emanates from their ability to establish mutual cooperation between countries, thus facilitating the exchange of workers, but also capacity building and skill development.[5]
Private recruiters’ role
The BLAs have contributed to the growth of private employment agencies and their agents (private recruiters) in Kenya. [6] Private recruiters act as intermediaries between the job seekers and potential employers or third parties who may require workers. In performing the linkage task, they provide the job seekers with information on employment opportunities through advertisements on social media platforms, websites and flyers. This allows job seekers to assess the opportunities and decide whether to apply for the positions. As such, their role is crucial from the time of application, pre-departure preparations, departure to the country of destination, execution of work and return to the country of origin.
Although private recruiters play a significant role in intermediating jobseekers with potential employers, there are rogue recruiters whose actions have caused massive violation of human and labour rights. These violations range from offering imaginary and non-existent jobs, misrepresentation of jobs, withholding of salaries, and trafficking job seekers, just to mention a few. [7] This, in turn, has resulted in public outcry.
Arms of Kenya’s government shaping reforms
In response, the executive arm of the government, through the National Employment Authority (NEA),[8] in exercise of its regulatory authority, has banned and/or deregistered some private recruiters. In December 2025, NEA, responsible for licensing and evaluating employment agencies, banned 400 private recruiters for committing labour rights violations, including offering Kenyans non-existent jobs abroad.[9] Prior to this, there was an earlier deregistration of over 600 private recruiters for fraudulent labour migration schemes.[10] Notably, the deregistration was made amid claims that about 200 Kenyans had been recruited by private employment agencies to fight in the Russia-Ukraine war, with 18 individuals later repatriated.[11]
Although these measures appear to have curbed some of the unethical conduct by rogue recruiters, the systemic issues remain unaddressed. In any case, the deregistration and fresh processes do not guarantee accountability for the abuses caused by private recruiters. According the legislative arm has also intervened. In 2024, through its parliamentary committee, an inquiry was conducted into the role of private employment agencies in recruiting and placing job seekers and Kenyan migrant workers abroad.[12] The Committee established that the violations jobseekers face are largely attributed to private recruiters. Further, it found that the laws in place, such as, the Labour Institutions Regulations, 2016, which regulate the registration of private recruiters; and sections 55 to 60 of the Labour Institutions Act, 2007, which provide for these private employment agencies do not fully address the emerging realities faced by job seekers and migrant workers.[13] Therefore, the Committee recommended fast-tracking the Labour Migration Management Bill, 2023. Although the Bill was not enacted, the revised Labour Migration Management Bill No. 16 of 2024 passed its second reading in June 2025[14] and is awaiting a third reading. A cursory review of the pending Bill addresses the realities within the migration sector. It aims to regulate private recruiters involved in the recruitment of workers within and beyond Kenya, protect their welfare, and address related matters by imposing penalties for violations of workers’ rights among others.
Separately, the Judiciary has been a pivotal pillar in safeguarding migrant workers’ and job seekers’ rights. A notable case espousing private recruiters’ accountability and redress is Kifano v Loivin Limited & 4 others. [15] In this case, the Employment and Labour Relations Court in Nairobi awarded Kshs 4,217,750 as damages to a worker who was lured by a private recruiter to work in Saudi Arabia as a cashier, only to end up as a domestic worker for two homes and further experienced human rights violations, including slavery and forced labour, while working abroad.
Job seeker’s role
It is also necessary to ask what role the jobseeker plays pending the realisation of socio-economic rights under Article 43 of the Constitution of Kenya? Though private recruiters are, in most cases, at the center of the blame, the jobseekers also play a critical part in this. Job seekers must ensure that they guard their rights, too. It is incumbent for them to ensure that during application and pre-departure preparations, they conduct due diligence on the legitimacy of these recruiters, confirm the terms of employment offered to them, verify the visa required, seek legal advice from independent qualified advocates before making an informed decision and any other necessary action. This will curb incidences of being lured and misrepresented by private recruiters. In fact, statistics from the National Employment Authority Integrated Management System as of 9 January 2026 indicate that there are 137,521 job seekers, 309,256 applicants and 367,608 employees actively engaging in international labor markets.[16] These figures demonstrate that job seekers and applicants are literate and can make informed decision to ensure they are not easily misled by unscrupulous recruiters.
Conclusion
From the foregoing, the government is actively involved in shaping how overseas employment opportunities are offered to the job seekers in Kenya. Despite these efforts, the lingering questions remain: will violations by rogue private recruiters cease? Why does the country still face weak enforcement? Is there mutuality in the BLAs signed by Kenya? These questions merit further discourse.
[1] Parliament of Kenya <https://www.parliament.go.ke/sites/default/files/2025-03/AGREEMENT%20BETWEEN%20THE%20GOVERNMENT%20OF%20THE%20REPUBLIC%20OF%20KENYA%20AND%20THE%20GOVERNMENT%20OF%20THE%20FEDERAL%20REPUBLIC%20OF%20GERMANY%20ON%20A%20COMPREHENSIVE%20MIGRATION%20AND%20MOBILITY%20PARTNERSHIP%20%281%29_0.pdf > accessed 9 January 2026.
[2] Ministry of Labour and Social Protection, Score Cards, < https://www.delivery.go.ke/labour.php > accessed 9 January 2026.
[3] Ibid.
[4]Government of United Kingdom of Great Britain and Northern Ireland <https://assets.publishing.service.gov.uk/media/618ac82b8fa8f52983494aeb/UK-kenya-health-bilateral-agreement.pdf > accessed 9 January 2026.
[5] Wickramasekara, Piyasiri, and L. K. Ruhunage, ‘Good Practices and Provisions in Multilateral and Bilateral Labour Agreements and Memoranda of Understanding’ ILO Country Office for Bangladesh, International Labour Organization, 2018 < https://www.ilo.org/sites/default/files/wcmsp5/groups/public/@asia/@ro-bangkok/@ilo-dhaka/documents/publication/wcms_683740.pdf > accessed 8 January 2026.
[6] Principal Secretary, State Department for Labour, Republic of Kenya, ‘Kenya Labour Migration: Trends, Challenges, Management and Potential Areas for Cooperation,’ Presentation by Eng. Peter Tum delivered at the Regional Ministerial Forum on Harmonizing Labour Migration Policies in the East and Horn of Africa, Nairobi, 20 January 2019 < https://www.labour.go.ke/sites/default/files/2022-10/PS-Presentation-for-Regional-LM-Forum-FINAL.pdf > accessed 9 January 2026.
[7] Business and Human Rights Centre, ‘Kenya: Government forms taskforce to safeguard migrant workers from fake foreign job agents’ < https://www.business-humanrights.org/en/latest-news/kenya-government-forms-taskforce-to-safeguard-migrant-workers-from-fake-foreign-job-agents/ > accessed 9 January 2026.
[8] The National Employment Authority Act, Act No. 3 of 2016, s.8.
[9] Nikko Tanui, Government bans 400 rogue overseas job recruitment agencies, the Standard Digital (3.12.2025) <https://www.standardmedia.co.ke/rift-valley/article/2001535637/government-bans-400-rogue-overseas-job-recruitment-agencies > accessed 8 January 2026.
[10] Mishi Gongo, Government deregisters over 600 foreign job agencies in crackdown, Daily Nation (6 November 2025) <https://nation.africa/kenya/news/government-deregisters-over-600-foreign-job-agencies-in-crackdown-5255834#story> accessed 8 January 2026.
[11] Mercy Simiyu, “18 Kenyans caught up in Ukraine war repatriated” Daily Nation (17 December 2025) <https://nation.africa/kenya/news/18-kenyans-caught-up-in-ukraine-war-repatriated–5299890#story> accessed 9 January 2026.
[12] Parliament of Kenya, Report of the Diaspora Affairs and Migrant Workers Committee on inquiry into the Role and Conduct of Private Employment Agencies in the Recruitment of Migrant Workers and Placement of Students abroad (13 August 2024).
[13] Ibid, iv.
[14] Eversheds Sutherland, ‘Kenya – Managing a Global Workforce’ (Managing a Global Workforce, 2025) <https://ezine.eversheds-sutherland.com/managing-a-global-workforce/kenya > accessed 8 January 2026.
[15] Kifano v Loivin Limited & 4 others (Petition E143 of 2022) [2024] KEELRC 13536 (KLR) (27 November 2024) (Judgment),
[16] The National Employment Authority Integrated Management System < https://neaims.go.ke> accessed 9 January 2026
