The Lower Eastern Times Opening The Third Eye
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The High Court has ordered the government to urgently review and vet all licensed local recruitment agencies involved in overseas job placement, particularly those sending Kenyans to Middle Eastern countries, in an effort to strengthen protection for migrant workers.
In its decision, the court dismissed calls for a blanket ban on labour migration to the Middle East, stating that tighter regulation and proper vetting of recruitment firms would be a more balanced and effective solution to the concerns raised about abuse and exploitation of workers abroad.
The court directed the Ministry of Labour to immediately undertake a thorough nationwide vetting exercise targeting all registered employment agencies operating in Kenya.
At the same time, the court rejected petitions seeking the immediate evacuation and return of all Kenyan workers allegedly facing mistreatment, deportation, or abuse in Middle Eastern countries, terming the request too broad and impractical to implement.
However, the court ordered the government to facilitate, at State expense, the repatriation of the body of Lucy Ngana.
It further found that the government had failed to comply with Section 84 of the Employment Act, which obligates labour officers to ensure the return of deceased migrant workers. The Ministry of Labour must submit a progress report within three months outlining steps taken to bring the body home.
While acknowledging arguments that repatriation costs can be financially burdensome for families, the court emphasized that the State has a legal duty to act where statutory obligations are not fulfilled.
The court also addressed calls for Kenya to ratify several international labour conventions aimed at protecting migrant workers. It ruled that the power to ratify international treaties lies with the Executive and Parliament, and cannot be imposed by the judiciary. It nonetheless encouraged the government to consider adopting the proposed instruments to improve protections for Kenyans working abroad.
Citing the principle of separation of powers, the court declined to order the suspension of labour migration to Middle Eastern countries, the deployment of labour officers in all foreign missions, the fast-tracking of bilateral labour agreements, or the enactment of the proposed Labour Migration Management Bill.
Instead, it directed that the judgment be forwarded to the Attorney General to inform the development of a comprehensive labour migration framework and a unified national policy on overseas employment.
Several other prayers by the petitioners were also dismissed, including demands for routine reporting on awareness campaigns, rehabilitation programs for returning migrant workers, recovery of confiscated passports, and payment of travel costs for prospective workers.
The court further ruled that it lacked jurisdiction to award financial support for the children of the deceased worker until adulthood, noting that the children were not recognized as employees under the Employment Act.
Claims for compensation over alleged physical, emotional, and psychological harm suffered by migrant workers were also rejected. The court held that the case was filed primarily in the public interest to address systemic labour migration issues, rather than to determine individual claims for damages.
