New Employment Law to Restrict Employers from Requiring Employees to Submit Clearances Certificates Prior To Offering Employment
The Employment (Amendment) Act, Number 15 of 2022 (the Amendment Act) was assented into law by President Uhuru Kenyatta on 4th April 2022 and took effect on 22nd April 2022.
The Amendment Act amends section 9 of the Employment Act (the Act) to provide that employers are not permitted to request for clearance or compliance certificates from potential employees at the point of applying for a job.
The Act is further amended to provide that public entities that issue compliance and clearance certificates (that are required by job applicants) are prohibited from charging a fee for the issuance of such certificates. The public entities are also now required to issue certificates or reject such applications within seven (7) days of application.