The High Court has directed the government to immediately vet all licensed employment recruitment agencies operating in Kenya, saying stricter oversight is necessary to safeguard thousands of Kenyans seeking work opportunities in the Middle East.
In a judgment addressing concerns over the welfare of migrant workers, the court ruled that a comprehensive review of recruitment agencies was a more practical and proportionate solution than suspending labour migration altogether.
"The immediate vetting of all local employment recruitment agencies is an appropriate remedy in addressing the concerns raised in this petition," the court held.
The Ministry of Labour was ordered to commence the vetting exercise without delay to ensure agencies comply with the law and adequately protect migrant workers from exploitation.
However, the court declined requests to stop labour migration to Middle Eastern countries, finding that such an order would be overly broad and would interfere with policy decisions reserved for other branches of government.
The judge also rejected calls for the immediate evacuation and repatriation of all Kenyan workers facing abuse, exploitation, or deportation abroad, noting that the order would be impractical to implement due to its sweeping nature.
Even so, the court faulted the government for failing to facilitate the return of the body of Lucy Ngana, a Kenyan who died while working in the Middle East. It ordered the State to repatriate her remains at its own expense and file a progress report within three months.
"The State has a statutory obligation under Section 84 of the Employment Act to ensure the repatriation of deceased migrant workers," the judge stated.
The court observed that although government agencies had cited financial constraints, compliance with the law could not be avoided on that basis.
On proposals that Kenya ratify additional international labour conventions, the court held that treaty ratification is a constitutional function of the Executive and Parliament and therefore outside judicial authority.
While declining to compel the government to establish labour officers in every foreign mission, enact new labour migration laws, or fast-track bilateral labour agreements, the court recommended that the judgment be forwarded to the Attorney General to guide the formulation of a comprehensive labour migration framework.
The judge further dismissed claims for compensation for alleged psychological and emotional suffering, holding that the case was primarily a public interest petition aimed at addressing systemic challenges facing migrant workers rather than individual claims for damages.
The ruling is expected to shape future government policy on labour migration while placing greater accountability on recruitment agencies involved in sending Kenyans abroad for work.
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