Kenya Reviews Cabinet Directives to Strengthen the Labour Migration Management Bill, 2025

From 1 to 5 December 2025, the State Department for Labour and Skills Development under Kenya’s Ministry of Labour and Social Protection, with support from the International Labour Organization (ILO) through the UK FCDO-funded Better Regional Migration Management (BRMM) Programme, convened a five-day multi-agency consultative workshop in Naivasha, Kenya. The workshop aimed to incorporate Cabinet comments into the draft Labour Migration Management Bill, 2025 and build consensus on key revisions ahead of resubmission. The workshop brought together 32 participants from relevant ministries, departments, and agencies to review six directives issued by Cabinet following the Bill’s initial submission in July 2025. The proposed legislation represents a significant step towards strengthening Kenya’s labour migration governance framework.

The draft Bill seeks to establish structured and regular pathways for labour migration, promote fair recruitment practices, enhance protection for migrant workers, regulate private employment agencies, and introduce the Kenya Migrant Workers Welfare Fund (KMWWF). It also proposes the establishment of the Directorate of Labour Migration Management (DLMM) and a Multi-Agency Committee on vetting of Private Employment Agencies. Over the five days, participants conducted a detailed, section-by-section technical review of the Bill, focusing on institutional mandates, procedural alignment, and clarity of definitions. Particular attention was given to the roles and responsibilities of the DLMM and the National Employment Authority (NEA), especially in relation to job order approvals, pre-departure procedures, and inspection functions, with the aim of resolving potential overlaps.

The workshop also examined provisions related to the registration and regulation of private employment agencies, including branch licensing, contract attestation, compliance and enforcement mechanisms, penalties, inspection powers, security bonds, and repatriation responsibilities. Discussions addressed the sequencing of procedures, regulatory coherence, and enforcement mechanisms. In addition, participants reviewed the proposed governance structure of the KMWWF, ensuring alignment with existing national legislation and international labour standards.

The consultative process resulted in consensus on key revisions to strengthen the Bill. Notably, participants agreed to propose renaming the legislation as the “Labour Mobility Bill” to better reflect its broader policy intent. Other agreed changes included clarifying the legal mandate of the Directorate of Labour Migration Management, addressing overlaps between regulatory and facilitation functions of the NEA, and reaffirming the Ministry’s reporting obligations on labour mobility. Further refinements focused on improving legal clarity and operational coherence, including streamlining registration processes, harmonizing penalty provisions, clarifying institutional roles in inspections and investigations, and strengthening the governance framework of the KMWWF. These agreed revisions will inform an updated Cabinet memorandum and drafting instructions for resubmission, marking an important step towards establishing a more coherent, accountable, and effective labour migration governance system in Kenya.