Government Urges Adherence to Formal Migration Channels

The Kenyan government has issued a stern warning to its citizens against using tourist visas to seek employment opportunities abroad, emphasising that such visas do not guarantee jobs in the international labour market. Labour Principal Secretary Shadrack Mwadime, speaking from Canada during an official tour to explore employment prospects for skilled Kenyans, stressed that only a work permit can secure a job overseas.

This advisory comes amid growing concerns over Kenyans falling victim to fraudulent schemes by bogus recruitment agencies and individuals who exploit job seekers with false promises of foreign employment. The Ministry of Foreign and Diaspora Affairs has also cautioned against visa fraud and fake job offers, urging citizens to apply for visas exclusively through official country websites and to conduct thorough due diligence.

Historical Context and Policy Frameworks

Kenya has increasingly prioritised labour migration as an economic tool to boost remittances and address high domestic unemployment. The country is a significant source of migrant workers, particularly to the Gulf States, Europe, and North America. In 2023, remittances from Kenyans abroad reached a record KSh 671 billion (approximately US$4.19 billion), making it the third largest recipient in Sub-Saharan Africa and the fifth largest in Africa overall.

To streamline and safeguard labour migration, the government has developed the National Policy on Labour Migration (Sessional Paper No. 5 of 2023), which aims to promote safe, orderly, and productive migration. This policy is complemented by the ongoing review of the Kenya Labour Migration Management Bill, which seeks to establish a comprehensive legal framework for migrant workers, from recruitment to reintegration.

Laws, Policy, and Governance

The Ministry of Labour and Social Protection, through the National Employment Authority (NEA), mandates that all private recruitment agencies must be vetted and licensed. Kenyans seeking jobs abroad are now required to obtain a clearance letter from the Ministry before departure, a measure aimed at enhancing accountability and monitoring the welfare of citizens overseas. This new system will be linked with Kenyan missions abroad to provide better oversight.

The government has also been actively negotiating bilateral labour agreements (BLAs) with various countries, including Germany, Qatar, Saudi Arabia, and the United Kingdom, to create formal pathways for Kenyan workers. These agreements are crucial for defining terms of employment and ensuring social protection for migrant workers.

Stakeholders and Testimonies

Recruitment agencies play a critical role in facilitating overseas employment, but the government has placed them on notice, warning of stern action against those found defrauding Kenyans. The Federation of Kenya Employers (FKE), with support from the International Labour Organization (ILO), has been involved in validating reports to enhance labour migration governance and address gaps in migrant worker support.

Many Kenyans, driven by high unemployment rates—with nearly three million Kenyans unemployed as of April 2023, a significant portion being youth—view overseas employment as a vital opportunity to improve their livelihoods and send money back home. However, the allure of higher wages abroad also exposes them to risks of exploitation and financial losses if they do not follow official channels.

Evidence and Data

• Diaspora Remittances: In 2023, Kenyans abroad sent home KSh 671 billion (US$4.19 billion), a 4% increase from 2022. The United States remains the largest source, accounting for 52% of total inflows in July 2024.
• Overseas Employment: Over 105,000 Kenyans secured jobs abroad between July 2023 and November 2024. The government aims to place one million Kenyans in overseas jobs annually for the next three years.
• Unemployment: Approximately three million Kenyans were unemployed as of April 2023, with 1.5 million in the 20-29 age bracket.

Risks and Implications

The use of tourist visas for work purposes carries significant risks, including potential imprisonment, fines, or deportation for overstaying or violating immigration laws in host countries. Additionally, job seekers risk losing substantial amounts of money to fraudulent agencies that advertise non-existent opportunities. The government is working to combat human trafficking and ensure ethical recruitment practices.

Unknowns and Controversies

While the government is actively promoting labour export, critics argue that more focus should be placed on creating sufficient jobs domestically. Concerns also exist about the potential loss of skilled workers from Kenya and the need for more formalized processes to protect Kenyans from scammers and human traffickers.

Timeline and Next Steps

The Ministry of Labour and Social Protection launched a national job recruitment program in November 2024, aiming to connect skilled and semi-skilled Kenyans with overseas opportunities. This initiative is expected to roll out across at least 20 counties. The government is also establishing a Qatar Visa Centre in Nairobi to streamline the process of sending workers to the Gulf state.

On Wednesday, December 11, 2024, the government, with ILO support, launched the National Strategy on Skills Development for Labour Migration, providing a roadmap for aligning skills development with international labour market needs.

What to Watch

Kenyans should closely monitor official government announcements and verify job opportunities through the Ministry of Labour and Social Protection or Kenyan diplomatic missions abroad. The implementation of the Kenya Labour Migration Management Bill and the effectiveness of bilateral labour agreements in protecting workers' rights will be key areas to watch. The government's efforts to provide incentive packages for Kenyans abroad to invest back home also bear watching.