These Regulations may be cited as the Labour Institutions (Private Employment Agencies) Regulations.
In these Regulations, unless the context otherwise requires—
means the Director of Employment appointed under section 30 of the Labour Institutions Act (Cap. 234);
means an office established under the Ministry for the time being responsible for matters relating to employment;
means employment of Kenyan workers outside Kenya under a valid contract of employment;
means a person who heads, supervises or controls the operations of a private employment agency or branch thereof;
means an employer hiring Kenyans for employment through a registered employment agency;
means the grant of authority in writing to a private employment agency to recruit Kenyans to work locally or abroad.
An Agency may be registered by the Director to carry out the business of a private employment agency if—
it is duly registered as a limited liability company under the Companies Act and in which at least one Kenyan citizen owns shares;
at least one of the directors has attained at least O-level certificate or its equivalent;
the manager is in possession of at least a diploma in a business-related field from a college recognised in Kenya and relevant experience of at least three years;
it has a minimum share capital of five million shillings;
it is licensed to carry out business within the country of intended operation;
it has a registered fully equipped physical office covering not less than 225 square feet;
it has a tax compliance certificate from the Kenya Revenue Authority;
it has completed form ML/NEB/FE/SB/I set out in the First Schedule and executed a guarantee of one million five hundred thousand shillings with a reputable bank or insurance agency in Kenya, to be used for the purpose of repatriation, paying wages and other entitlements in the event of default by the agent or the employer;
all Directors have valid Police Clearance Certificates from the Directorate of Criminal Investigations which must be renewed after every twelve months from the date of issuance;
is a member of an association of private employment agencies recognized by the Director; and
it makes a commitment to observe the provisions of the existing code of conduct for recruitment agencies.
An application for registration to operate a private employment agency shall be submitted in writing to the Director together with—
the duly completed prescribed form;
a certified copy of a certificate of incorporation;
a certified copy of academic and professional certificates of the managers and directors;
a copy of operating licence from the relevant county authority;
a duly signed valid lease or tenancy agreement authenticated by a Commissioner for Oaths;
copies of identity cards or passports for all directors;
two recent passport size photographs of the directors; and
valid Police Clearance Certificates from the Directorate of Criminal Investigations for the applicant and all directors.
If the Director is satisfied that an applicant qualifies to be registered, the Director shall issue the certificate of registration upon the payment of the fees specified in the Second Schedule.
A registration certificate issued under these Regulations shall be valid for a period of one year.
Notwithstanding the provisions of paragraph (2), a certificate of registration shall expire on the 30th June each year.
An application for the renewal of a certificate of registration shall be submitted at least one month before its expiry to the Director accompanied by—
proof that the agency has been submitting returns to the Director in the prescribed form;
proof that the agency has renewed the guarantee specified in regulation 3(h);
audited financial statements and accounts; and
a copy of a valid lease agreement in case of change of office location.
If the Director is satisfied that the applicant qualifies for renewal of the registration certificate, the Director shall issue the renewal certificate upon payment of the prescribed fee set out in the Second Schedule.
An application for the replacement of a certificate of registration shall be submitted to the Director accompanied by the documents set out in subparagraphs (1)(a) to (d).
Agencies shall charge their principals a service fee for the recruitment, documentation and placement of workers.
A foreign contract of employment shall specify the party responsible for the payment of the—
visa fee;
airfare; and
medical examination:
Provided that reasonable administrative costs may be charged by the agent in respect of trade test, occupational test and the administrative fees shall not exceed the job seeker's proposed one month's salary.
All job opportunities and visas for employment shall be notified to the Director.
Registered agencies shall advertise job vacancies either within their premises, public offices or through the media provided that such advertisement is notified to the Director.
An advertisement made under paragraph (1) shall specify—
the name and address of the agency, including its physical address;
the place where the vacancy is available;
the terms and conditions of employment;
the job specification and description;
the number of positions available; and
the reference number of the registration certificate of the agency, registration certificates for the company and the county trading licence.