Un-employment and under-employment as socio-economic challenges in Kenya has been a push factor for job seekers in Kenya to look for opportunities overseas. The government, cognizant of this problem, has signed bilateral agreements (BLAs) with other countries to provide more 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], Qatar[3] and the Agreement with the United Kingdom and Northern Ireland on collaboration for healthcare workers.[4]
The BLAs have contributed to the growth of private employment agencies and their agent (private recruiters) in Kenya.[5] 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 or not. 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. The agreements include the comprehensive migration and mobility partnership between Kenya and the Federal Republic of Germany.[6] This has in turn resulted in public outcry. In response, the executive arm of the government through the National Employment Authority (NEA) in exercise of its regulatory authority has banned and/or deregistered some of the private recruiters. NEA, responsible for licensing and evaluating employment agencies, banned 400 private recruiters in December 2025 for committing labour rights violations such as offering Kenyans non-existent jobs abroad. Prior to this, there was an earlier deregistration of over 600 private recruiters for fraudulent labour migration schemes. 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.
The legislative arm has also intervened in the plight the jobseekers encounter in pursuit of these jobs. Through its parliamentary committee in 2024, an inquiry was conducted into the role of private employment agencies in recruiting and placing jobseekers and Kenyan migrant workers abroad. The Committee established that the violations jobseekers face are largely attributable 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. Accordingly, 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 and is awaiting a third reading. A cursory review of the pending Bill addresses the realities within the migration sector. IIt aims to regulate private recruiters involved in the recruitment of workers within and beyond Kenya, protect their welfare, and address related matters.
In addition to the role played by the legislative arm, the Judiciary has been pivotal pillar in safeguarding migrant workers and job seekers rights. A notable case where the courts have been a forum for accountability and redress is Kifano v Loivin Limited & 4 others. 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.
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 the private recruiters are in most cases at centre of the blame, the jobseekers also play a critical part in this. Jobseekers must ensure that they guard their rights too. It calls for vigilance from exploitative recruiters. It is incumbent for job seekers 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. This demonstrates that job seekers and applicants are literate and can make informed decisions.
From the foregoing, the government is actively involved in protecting job seekers rights. Despite these efforts, the lingering questions remain: will the 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] 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.
[6] 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.
