NAIROBI, Kenya Jun 19 – The High Court has directed the government to immediately vet all licensed local recruitment agencies involved in sourcing jobs abroad as part of efforts to enhance the protection of Kenyans seeking employment in Middle Eastern countries.
In its ruling, the court declined to impose a blanket suspension on labour migration to the Middle East, holding that enhanced regulation and vetting of recruitment agencies was a more practical and proportionate response to concerns raised over the treatment of migrant workers.
The court ordered the Ministry of Labour to urgently conduct a comprehensive vetting exercise targeting all registered employment recruitment agencies operating in the country.
At the same time, the judge rejected calls for the immediate evacuation and repatriation of all Kenyan migrant workers allegedly facing abuse, exploitation or deportation in Middle Eastern countries, describing the request as overly broad and difficult to implement.
However, the court directed the government to facilitate the repatriation of the body of Lucy Ngana, a Kenyan woman who died while working in the Middle East, at the State’s expense.
The judge found that the government had failed to fulfil obligations under Section 84 of the Employment Act, which requires labour officers to ensure the return of deceased migrant workers. The Ministry of Labour was ordered to file a progress report before the court within three months detailing steps taken to repatriate the body.
In the judgment, the court acknowledged government arguments that repatriation costs often pose financial difficulties for affected families but stressed that the State carries a legal responsibility to intervene where statutory requirements have not been met.
The court also addressed demands by petitioners seeking the ratification of several international labour treaties aimed at strengthening migrant worker protections. The judge ruled that decisions on ratifying international conventions fall under the mandate of the Executive and Parliament and cannot be compelled by the judiciary.
Nonetheless, the court recommended that the government consider adopting the proposed international labour instruments to improve safeguards for Kenyans pursuing jobs overseas.
Citing the constitutional principle of separation of powers, the court further declined to compel the government to suspend labour migration to Middle Eastern countries, deploy labour officers in all Kenyan foreign missions, fast-track bilateral labour agreements, or enact the proposed Labour Migration Management Bill.
Instead, the judge directed that the ruling be forwarded to the Attorney General to support the development of a comprehensive labour migration framework and a harmonised national policy governing overseas employment.
Several additional requests made by the petitioners were also dismissed, including demands requiring the government to provide regular reports on awareness campaigns, rehabilitation programmes for returning migrant workers, recovery of confiscated travel documents and payment of travel expenses for prospective workers.
The court additionally ruled that it lacked jurisdiction to order financial support for the children of the deceased worker until adulthood, noting that the children were not employees as defined under the Employment Act.
Claims seeking compensation for alleged physical, emotional and psychological suffering suffered by migrant workers were equally rejected. The court held that the petition had primarily been filed in the public interest to address systemic labour migration concerns rather than individual claims for damages.
