Background

Kenya is taking a critical step in strengthening its labour migration governance by assessing its alignment with the Private Employment Agencies (PrEAs) Convention, 1997 (No. 181). Recognizing the significant role that PrEAs play in facilitating foreign employment for Kenyan migrant workers, the ILO’s Better Regional Migration Management (BRMM) programme, with support from the UK Foreign and Commonwealth Development Office (FCDO), funded a gap analysis to guide the Government of Kenya toward ratifying the Convention.

On October 31, 2024, the findings of the gap analysis were presented to 56 participants (32 F) in a virtual session. The participants included representatives from the Ministry of Labour, the Ministry of Foreign Affairs and Diaspora Affairs, the Office of the Attorney General, social partners, civil society organizations, and the ILO. The study examined Kenya’s legal framework in relation to the 13 substantive articles of Convention No. 181, concluding that all provisions were consistent with the Constitution of Kenya 2010 and existing national legislation.

The consultant leading the analysis recommended that the Government of Kenya proceed with the ratification of the Convention, highlighting the economic, social, and developmental advantages it would bring. The assessment took into account the perspectives of key government entities, including the Attorney General’s office, the Ministry of Foreign Affairs and Diaspora Affairs, and the Ministry of Finance and Planning. The findings reinforced the argument that ratifying the Convention would not only enhance protections for Kenyan migrant workers but also improve the regulation of private employment agencies, fostering ethical recruitment practices and accountability.

Beyond ratification, the consultant emphasized the need for Kenya to uphold the principles outlined in ILO Recommendation No. 188, which provides additional guidance on fair recruitment practices. Furthermore, the study highlighted the importance of incorporating international best practices, such as the General Principles and Operational Guidelines for Fair Recruitment, in negotiations for Bilateral Labour Migration Agreements. By doing so, Kenya can ensure that its migrant workers benefit from fair and transparent recruitment processes, reducing vulnerabilities to exploitation. 

Key documents