Kenya Act or statute

Parliament of Kenya

National Employment Authority Act

Jurisdiction: Kenya
Structure: 45 provisions
Citation: Cap. 227
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the National Employment Authority Act.”

This Act may be cited as the National Employment Authority Act. This section provides definitions of terms used in the Act (for example: Authority, Board, Cabinet Secretary, contract of service, disability, employee, employer, job seeker, Kenyan, register, and youth). The object of the Act is to give effect to Articles 55(c) and 56(c) of the Constitution. This section states that the Act applies to the national government. Persons seeking employment must register with the Authority in accordance with this Act.

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PRELIMINARY - 1. Short title

This Act may be cited as the National Employment Authority Act.

Section 1

ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 16. Powers of the Cabinet Secretary

The Authority must operate under the supervision of the Cabinet Secretary. If the Authority fails to maintain prescribed standards, the Cabinet Secretary may give directions describing the failure and steps to remedy it.

Section 16

REGISTRATION - 23. Factual information to be given

Applicants must ensure all information given to the Authority is factual; the Authority is not responsible for applicants' false or inaccurate information; providing false or inaccurate information is an offence punishable by a fine not…

Section 23

MISCELLANEOUS PROVISIONS - 42. Annual reports

The Authority must submit an annual report on the discharge of its functions at the end of each financial year or when requested by the Cabinet Secretary.

Section 42

FINANCIAL PROVISIONS - 41. Accounts and audit

The Authority must ensure that all proper books and other records of accounts for its income, expenditure, assets and liabilities are kept.

Section 41

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Showing 45 of 45 provisions

Provision 37Offence 3Interpretation 2Commencement 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the National Employment Authority Act.

Section 1. Short title Section This Act may be cited as the National Employment Authority Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

This section provides definitions of terms used in the Act (for example: Authority, Board, Cabinet Secretary, contract of service, disability, employee, employer, job seeker, Kenyan, register, and youth).

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Authority" means the National Youth Employment Authority established by section 6 ; "Board" means the Board of the Authority constituted pursuant to section 10 ; "Cabinet Secretary" means the Cabinet Secretary of the Ministry for the time being responsible for matters relating to labour; "contract of service" means an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship, internship and indentured learnership; "disability" means a physical, sensory, mental or other impairment, including any visual, hearing, learning or physical incapability, which impacts adversely on a person's social and economic participation; "employee" means a person employed for wages or a salary and includes an apprentice, intern and indentured learner; "employer" means any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company; "job seeker" means a person who is seeking for employment; "Kenyan" means a citizen of Kenya as defined in the Constitution; "register" mean a register maintained by the Authority under section 24; and "youth" has the meaning assigned to it in Article 260 of the Constitution.

Section 2Verify source

§ 3PRELIMINARY - 3. Object of the ActProvision

The object of the Act is to give effect to Articles 55(c) and 56(c) of the Constitution.

Section 3. Object of the Act Section give effect to Articles 55(c) and 56(c) of the Constitution;

Section 3Verify source

§ 4PRELIMINARY - 4. Application of the ActProvision

This section states that the Act applies to the national government.

Section 4. Application of the Act Section the national government;

Section 4Verify source

§ 5PRELIMINARY - 5. Mandatory registrationProvision

Persons seeking employment must register with the Authority in accordance with this Act.

Section 5. Mandatory registration Section In order to facilitate access to employment pursuant to Article 55(c) of the Constitution, a person seeking employment shall register with the Authority in accordance with this Act.

Section 5Verify source

Part II

ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY

§ 10ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 10. The Board of the AuthorityProvision

Section 10 lists the composition of the Authority's Board, naming specific ex officio and appointed members and stating that the Director-General shall be the secretary.

Section 10. The Board of the Authority Section 10(1)(a) a Chairperson appointed by the Cabinet Secretary; Section 10(1)(b) the Principal Secretary of the Ministry for the time being responsible for matters relating to finance or his representative; Section 10(1)(c) the Principal Secretary of the Ministry for the time being responsible for matters relating to labour or his representative; Section 10(1)(d) the Principal Secretary of the Ministry for the time being responsible for foreign affairs or his representative; Section 10(1)(e) the Secretary of the Public Service Commission; Section 10(1)(f) the Secretary of the Commission on University Education; Section 10(1)(g) the Secretary to the Kenya Association of Technical Training Institutions; Section 10(1)(h) a person appointed by the Cabinet Secretary from the largest representative association of employers; Section 10(1)(i) the Director-General, who shall be the secretary; and Section 10(1)(j) two youths, one man and one woman, nominated by the National Youth Council and appointed by the Cabinet Secretary. Section 10(2)(a) is a citizen of Kenya; Section 10(2)(b) meets the requirements of Chapter Six of the Constitution; and Section 10(2)(c) has at least seven years' experience in human resource management or its equivalent.

Section 10Verify source

§ 11ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 11. Remuneration of Board membersProvision

Members of the Board are entitled to be paid remuneration and allowances determined by the Salaries and Remuneration Commission.

Section 11. Remuneration of Board members Section Members of the Board shall be paid such remuneration and allowances as the Salaries and Remuneration Commission shall determine.

Section 11Verify source

§ 12ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 12. Term of officeProvision

Members of the Board (except ex‑officio members) hold office for three years and may be reappointed for one further and final three‑year term.

Section 12. Term of office Section Members of the Board, other than the ex-officio members, shall hold office for a term of three years and shall be eligible for reappointment for one further and final term of three years.

Section 12Verify source

§ 13ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 13. Committees of the BoardProvision

The Board may establish committees and may co-opt people into those committees.

Section 13. Committees of the Board Section 13(1) The Board may establish such committees as may be necessary for the proper discharge of its functions under this Act or any other written law. Section 13(2) The Board may co-opt into the membership of the committees established under subsection (1) any person whose knowledge and expertise may be required.

Section 13Verify source

§ 14ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 14. Delegation by the BoardProvision

The Authority may, by Board resolution and in writing, delegate its powers or duties to committees, officers, staff or agents; the Authority retains responsibility and may withdraw delegations, and the Board may impose conditions.

Section 14. Delegation by the Board Section 14(1) The Authority may, by resolution generally of the Board or in any particular case, delegate in writing, to a committee or any officer, member of staff or agent of the Authority, the exercise of any of the powers or the performance of any of the functions or duties of the Authority under this Act. Section 14(2) A delegation under subsection (1) shall not prevent the Authority from exercising the power in question. Section 14(3)(a) shall be subject to such conditions as the Board may impose; Section 14(3)(b) shall not divest the Authority of the responsibility concerning the exercise of the powers or the performance of the duty delegated; and Section 14(3)(c) may be withdrawn, and any decision made by the person to whom the delegation is made may be withdrawn or varied by the Authority.

Section 14Verify source

§ 15ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 15. Conduct of business and affairs of the BoardProvision

Section 15(1) requires that the Board's conduct of business and affairs be as set out in the Schedule; Section 15(2) permits the Board, except as the Schedule provides, to regulate its own procedure.

Section 15. Conduct of business and affairs of the Board Section 15(1) The conduct of business and affairs of the Board shall be as set out in the Schedule Section 15(2) Except as provided in the Schedule, the Board may regulate its own procedure.

Section 15Verify source

§ 16ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 16. Powers of the Cabinet SecretaryProvision

Section 16. Powers of the Cabinet Secretary Section 16(1) The Authority shall operate under the supervision of the Cabinet Secretary. Section 16(2) Where the Authority fails to maintain any prescribed standard in the fulfilment of its functions under this Act, the Cabinet Secretary may give general or special directions to the Authority describing the extent of the failure and stating the steps required to remedy the situation.

Section 16Verify source

§ 17ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 17. Director-GeneralProvision

Section 17 establishes a Director-General appointed competitively by the Board, sets a three-year term, makes the Director-General eligible for re-appointment, and assigns management and secretarial duties to the Director-General while giving the Board power to determine employment terms.

Section 17. Director-General Section 17(1) There shall be a Director-General of the Authority who shall be appointed competitively by the Board. Section 17(2)(a) holds a degree from a university recognized in Kenya; Section 17(2)(b) meets the requirements of Chapter Six of the Constitution; Section 17(2)(c) has at least five years experience, two of which shall be in a management level; and Section 17(2)(d) has not attained the age of thirty-five years at the time of appointment. Section 17(3) The Director-General shall hold office for a period of three years, on such terms and conditions of employment as the Board may determine, and shall be eligible for re-appointment. Section 17(4)(a) serious violation of the Constitution or any other law, including a contravention of Chapter Six; Section 17(4)(b) gross misconduct, whether in the performance of the member's or office holder's functions or otherwise; Section 17(4)(c) physical or mental incapacity to perform the functions of office; Section 17(4)(d) incompetence; or Section 17(4)(e) bankruptcy. Section 17(5)(a) sufficient notice of the allegations made against him or her; and Section 17(5)(b) an opportunity to present a defence against the allegations. Section 17(6)(a) subject to the direction of the Board, be responsible for the day to day management of the Authority; Section 17(6)(b) in consultation with the Board, be responsible for the direction of the affairs and transactions of the Authority, the exercise, discharge and performance of its objectives, functions and duties, and the general administration of the Authority; Section 17(6)(c) be the secretary of the Board.

Section 17Verify source

§ 18ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 18. Staff of the AuthorityProvision

The Board must competitively appoint suitably qualified staff necessary for the efficient performance of the Authority's functions.

Section 18. Staff of the Authority Section 18(1) The Board shall competitively appoint suitably qualified staff as may be necessary for the efficient performance of the functions of the Authority. Section 18(2)(a) afford adequate and equal opportunities for appointment and advancement at all levels, of youth, men and women, members of all ethnic groups, gender and persons with disabilities; Section 18(2)(b) exercise transparency in the recruitment process; Section 18(2)(c) ensure competitive recruitment and selection on the basis of personal integrity, competence and suitability.

Section 18Verify source

§ 19ProvisionProvision

The staff of the Authority must serve the Authority under conditions of service determined by the Board in consultation with the Public Service Commission and the Salaries and Remuneration Commission.

Section 19. Terms and conditions of service Section The staff of the Authority shall serve the Authority on such conditions of service as the Board may, in consultation with the Public Service Commission and the Salaries and Remuneration Commission, determine.

Section 19Verify source

§ 6ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 6. Establishment of the AuthorityProvision

Establishes the National Employment Authority and sets out acts the Authority may perform, including suing and being sued; acquiring, holding or disposing of movable and immovable property; borrowing or investing money; entering into contracts; and performing other acts necessary for its functions.

Section 6. Establishment of the Authority Section 6(1) There is established a body to be known as the National Employment Authority. Section 6(2)(a) suing and being sued; Section 6(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 6(2)(c) borrowing money or making investments; Section 6(2)(d) entering into contracts; and Section 6(2)(e) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

Section 6Verify source

§ 7ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 7. Headquarters and access to servicesProvision

The Authority must have its headquarters in Nairobi, must ensure reasonable access to its services across Kenya (as appropriate given the service), and must keep an up-to-date data system and other service delivery mechanisms accessible throughout Kenya.

Section 7. Headquarters and access to services Section 7(1) The headquarters of the Authority shall be in Nairobi. Section 7(2) The Authority shall ensure reasonable access of its services in all parts of Kenya, so far as it is appropriate to do so having regard to the nature of the service. Section 7(3) Notwithstanding subsections (1) and (2), the Authority shall keep and maintain an up-to-date data system and other service delivery mechanisms that are accessible in all parts of Kenya.

Section 7Verify source

§ 8ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 8. Functions of the AuthorityProvision

The Authority must advise on formulation of employment policies and strategies for national and county governments.

Section 8. Functions of the Authority Section advise on formulation of employment policies and strategies for national and county governments;

Section 8Verify source

§ 9ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY - 9. Powers of the AuthorityProvision

The Authority has the power to advise the Cabinet Secretary on matters it deems necessary or expedient in connection with this Act and on employment matters referred to it by the Cabinet Secretary.

Section 9. Powers of the Authority Section advise the Cabinet Secretary on any matter deemed by the Authority to be necessary or expedient to be considered by the State in connection with the provisions of this Act or the application thereof and on any other matter relating to employment which has been referred by the Cabinet Secretary to the Authority for the advice and recommendations of the Authority;

Section 9Verify source

Part III

REGISTRATION

§ 20REGISTRATION - 20. RegistrationProvision

People seeking employment may register with the Authority; the Authority must not charge a Kenyan any fee for registration under this Act.

Section 20. Registration Section 20(1) A person seeking employment may register with the Authority. Section 20(2) The Authority shall not charge a fee or any form of charges to a Kenyan for registration under this Act.

Section 20Verify source

§ 21REGISTRATION - 21. Eligibility for registrationProvision

A person is eligible for registration under this Act if they are a Kenyan citizen or are ordinarily resident in Kenya.

Section 21. Eligibility for registration Section A person shall be eligible for registration under this Act if the person is a citizen of Kenya or a person who is ordinarily resident in Kenya.

Section 21Verify source

§ 22REGISTRATION - 22. Continuous update of dataProvision

Applicants must continuously update or inform the Authority of any changes to their bio-data as they arise.

Section 22. Continuous update of data Section It shall be the responsibility of the applicant to continuously update or communicate to the Authority any changes on their bio-data as and when they arise.

Section 22Verify source

§ 23REGISTRATION - 23. Factual information to be givenOffence

Section 23. Factual information to be given Section 23(1) An applicant shall at all times ensure that all information given to the Authority is factual. Section 23(2) The Authority shall not be responsible for false or inaccurate information submitted by an applicant. Section 23(3) An applicant who offers false or inaccurate information to the Authority commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or both.

Section 23Verify source

§ 24REGISTRATION - 24. RegisterProvision

The Authority must keep and maintain an up-to-date register of all job seekers seeking employment and record specified particulars about them.

Section 24. Register Section 24(1) The Authority shall keep and maintain an up-to-date register of all job seekers seeking employment. Section 24(2)(a) particulars of the job seekers seeking employment; Section 24(2)(b) academic qualifications of the job seekers; Section 24(2)(c) work experience, if any, of the job seekers; Section 24(2)(d) contact details of the job seekers; Section 24(2)(e) the county from which the job seekers comes from; Section 24(2)(f) ethnicity and tribe of the job seekers, if known; Section 24(2)(g) details of whether the job seeker is living with any form of disability or challenge; Section 24(2)(h) gender; Section 24(2)(i) area of specialization, interest or qualifications Section 24(2)(j) such other detail as the Authority may consider necessary.

Section 24Verify source

§ 25REGISTRATION - 25. Authorization for use of dataProvision

The Authority must get authorization from each job seeker to share their register details with prospective employers; consent is given at registration under section 20; and if the Authority wants to use the data for other purposes it must obtain individual consent.

Section 25. Authorization for use of data Section 25(1) The Authority shall seek authorization from each particular job seeker seeking employment to share with prospective employers all or any particular details of the job seeker seeking employment contained in the register. Section 25(2) The consent and authorization obtained under subsection (1) shall be given to the Authority at the registration of the job seeker under section 20 . Section 25(3)(a) securing employment and internship opportunities for the job seeker; and Section 25(3)(b) informing the national government, county governments and the private sector on policies on matters affecting employment. Section 25(4) Where the Authority wishes to use the data for any other purpose other than the purposes authorized under this Act, the Authority shall seek individual consent from the respective or affected job seeker.

Section 25Verify source

§ 26REGISTRATION - 26. Protection of informationProvision

The Authority must at all times take measures to protect data in its possession from abuse or other adverse consequences.

Section 26. Protection of information Section 26(1) The Authority shall, at all times, take measures to ensure protection of data in its possession against abuse or any other adverse consequences. Section 26(2) The right to privacy and other constitutional and statutory rights of the persons seeking employment shall not be compromised.

Section 26Verify source

§ 27REGISTRATION - 27. Prohibition from unauthorized use of dataOffence

The Authority must not use data obtained under the Act for any purpose other than the authorized purpose; contravention is an offence punishable by a fine up to one million shillings or imprisonment up to three years, or both.

Section 27. Prohibition from unauthorized use of data Section 27(1) The Authority shall not use the data obtained under this Act for any other purpose other than the purpose authorized under this Act. Section 27(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or imprisonment for a term not exceeding three years, or both.

Section 27Verify source

§ 28REGISTRATION - 28. Information on vacanciesProvision

When a national-level public or State office vacancy arises, that office (or national entity) must notify the Authority; appointing offices must prioritise Authority-registered job seekers with required qualifications, or advertise if such candidates are not in the Authority's database; the Authority must circulate vacancy information immediately to subscribed job seekers.

Section 28. Information on vacancies Section 28(1) Whenever a vacancy arises in a public or State office at the national government level, the concerned State office, public office or national entity shall convey details of the vacancy to the Authority. Section 28(2) Whenever a vacancy occurs, the appointing office shall give priority to the job seekers registered by the Authority who possess the qualifications or skills sought. Section 28(3) Where the qualifications or skills sought are not available in the Authority's database, the appointing office shall invite applications from qualified applicants through advertisements. Section 28(4) The Authority shall, immediately upon receipt of the notification under subsection (1), circulate the vacancy information to all job seekers who have subscribed to and registered themselves with the Authority.

Section 28Verify source

§ 29REGISTRATION - 29. Private sector etc vacanciesProvision

The Authority must determine vacancies in the private, informal or any other sector and must (a) upload that information to its website and (b) convey it to suitably qualified job seekers.

Section 29. Private sector etc vacancies Section 29(1) The Authority shall, on its own motion or through other means, establish the vacancies available in the private sector, informal sector or any other sector. Section 29(2)(a) upload such information to its website; and Section 29(2)(b) convey such information to the job seekers with qualifications that fit the specifications and qualifications required by the prospective employers.

Section 29Verify source

§ 30REGISTRATION - 30. ApplicationsProvision

Registered youth may apply directly to employers; the Authority and State entities may share and request candidate data; applicants must submit applications when notified of a vacancy.

Section 30. Applications Section 30(1) A youth registered under this Act may apply directly to a prospective employer. Section 30(2) The Authority may forward applications or details of any qualified candidates to any prospective employer for their consideration and employment of the Kenyans registered under this Act. Section 30(3) A State entity, public office or State office may request for data of qualified youth from the Authority for purposes of considering them for employment. Section 30(4) It shall be the responsibility of the applicant to make and tender their application upon receipt of the notification of a vacancy under this Act.

Section 30Verify source

§ 31REGISTRATION - 31. Notification of employmentProvision

Successful applicants must notify the Authority; the Authority must keep and update records and remove employed applicants from the register.

Section 31. Notification of employment Section 31(1) Upon successful interview and securing of employment by a person registered under this Act, the successful applicant shall communicate the same to the Authority in the prescribed manner. Section 31(2) The Authority shall maintain a record of all successful applicants who have secured employment through the Authority. Section 31(3) The Authority shall update its records accordingly and remove an applicant who obtains employment from the register kept under section 24 .

Section 31Verify source

Part IV

PROVISIONS ON DUE DILIGENCE AND COOPERATION

§ 32PROVISIONS ON DUE DILIGENCE AND COOPERATION - 32. Co-operation with employersProvision

The Authority must foster and maintain good working relationships and cooperation with prospective employers (including private and informal sectors) and must take measures to address their demands as far as possible.

Section 32. Co-operation with employers Section 32(1) The Authority shall take all steps necessary to foster and maintain a good working relationship and cooperation with all prospective employers including those in the private and informal sectors. Section 32(2) The Authority shall take measures necessary to ensure that demands of the sectors referred to in subsection (1) are addressed to the greatest extent possible.

Section 32Verify source

§ 33PROVISIONS ON DUE DILIGENCE AND COOPERATION - 33. Authority to undertake due diligenceProvision

The Authority must (a) undertake due diligence on private companies seeking its services, including on its own motion or using other state machineries; (b) must not partner with a prospective employer when due diligence shows possible employment malpractices or legal violations; and (c) must take measures to avoid unreasonably denying youth access to employment.

Section 33. Authority to undertake due diligence Section 33(1) The Authority shall, on its own motion, or using other state machineries, undertake due diligence on private companies seeking its services under this Act. Section 33(2) The Authority shall not partner with any prospective employer where the Authority or any national security organ has, upon due diligence, established possible employment malpractices or violation of laws of Kenya. Section 33(3) Notwithstanding subsection (1) and (2), the Authority shall take necessary measures to ensure that the youth are not denied access to employment unreasonably.

Section 33Verify source

Part IX

MISCELLANEOUS PROVISIONS

§ 42MISCELLANEOUS PROVISIONS - 42. Annual reportsProvision

The Authority must submit an annual report on the discharge of its functions at the end of each financial year or when requested by the Cabinet Secretary.

Section 42. Annual reports Section 42(1) At the end of each financial year or upon request by the Cabinet Secretary, the Authority shall submit an annual report on the discharge of its functions under this Act or any other written law. Section 42(2)(a) number of youth registered in the period under review; Section 42(2)(b) number of youth who have secured employment during the period under review; Section 42(2)(c) any impediment encountered in the discharge of the functions of the Authority; Section 42(2)(d) any policy matters that the Authority may require to be addressed by the Cabinet Secretary, national or county governments; Section 42(2)(e) any other matter pertinent to the discharge of its functions under this Act. Section 42(3) An annual report referred to under this section shall be published and publicized.

Section 42Verify source

§ 43MISCELLANEOUS PROVISIONS - 43. OffencesOffence

Contravening any provision of the Act (where no penalty is prescribed) is an offence punishable, on conviction, by a fine (up to five hundred thousand shillings for a natural person; up to two million shillings for a firm or body corporate), or imprisonment for up to two years, or both.

Section 43. Offences Section A person who contravenes any provision of this Act to which no penalty has been prescribed commits an offence and shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings in the case of a natural person, and two million shillings in the case of a firm or body corporate, or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment.

Section 43Verify source

§ 44MISCELLANEOUS PROVISIONS - 44. RegulationsInterpretation

The Cabinet Secretary may make regulations, in consultation with the Authority, to better carry into effect this Act; the Cabinet Secretary's power to make regulations is limited to bringing the Act into effect and fulfilling its objectives.

Section 44. Regulations Section 44(1) The Cabinet Secretary may, in consultation with the Authority, make regulations for the better carrying into effect the provisions of this Act Section 44(2)(a) the authority of the Cabinet Secretary to make regulations under this Act shall be limited to bringing into effect the provisions of this Act and for the fulfillment of the objectives of this Act; Section 44(2)(b) the principles and standards applicable to the regulations made under this section are those set out in the Interpretation and General Provisions Act ( Cap. 2 ) and the Statutory Instruments Act (Cap. 2A).

Section 44Verify source

§ 45MISCELLANEOUS PROVISIONS - 45. Transitional and savings provisionsCommencement

On commencement, functions, assets, rights, liabilities and duties of the National Employment Bureau transfer to the Authority; prior directions and acts are deemed Authority actions; employees transfer or are offered service or redeployment; the Cabinet Secretary for Finance may order vesting.

Section 45. Transitional and savings provisions Section 45(1) Upon the commencement of this Act, the functions that were immediately before the commencement of this Act being undertaken by the National Employment Bureau within the Ministry responsible for labour shall be transferred to the Authority. Section 45(2) All property, assets, rights, powers, liabilities and duties, whether arising under any written law or otherwise, which immediately before the commencement of this Act were vested in, imposed on or enforced against the Government in respect of the National Employment Bureau shall, on the commencement of this Act, be transferred to, vested in, imposed on or be enforceable against the Authority. Section 45(3) The lawful directions, orders, rules, authorizations and other things published, made, given or done by the National Employment Bureau relating to its functions subsisting at the commencement of this Act shall be deemed to have been published, given, made or done by the Authority. Section 45(4) Any legal act or thing done or purported to be done, or any act or thing omitted to be done on behalf of, or in the name of the National Employment Bureau that relates to its functions before the commencement of this Act, by any person acting in good faith and with due or apparent authority in that behalf, shall be deemed to be an act or thing made or done or omitted to be done by the Authority. Section 45(5) The Cabinet Secretary for Finance may, in consultation with the Cabinet Secretary, by Order in the Gazette , direct that any assets and liabilities which immediately before the Commencement of this act, were vested in the Government for the use of the National Employment Bureau shall, on such commencement, vest in the Authority. Section 45(6) Every person who, immediately before the commencement of this Act, was an employee of the National Employment Bureau shall, upon the commencement of this Act, be employed or appointed as a member of staff of the Authority for the unexpired period, if any, of the term. Section 45(7) The employees of the Government who were, immediately before the commencement of this Act, serving in the National Employment Bureau at the Ministry responsible for labour shall, upon the commencement of this Act, be given an option to serve in the Authority, and if not appointed by the Authority, be redeployed in the public service.

Section 45Verify source

Part V

PROVISIONS ON TRAINING, COUNSELLING, ETC

§ 34PROVISIONS ON TRAINING, COUNSELLING, ETC - 34. Facilitation of trainingProvision

The Authority must facilitate training on matters relating to employment to Kenyans seeking employment through community initiatives and similar fora.

Section 34. Facilitation of training Section The Authority shall, through community initiative and similar fora, facilitate training on any matter relating to employment to Kenyans seeking employment.

Section 34Verify source

§ 35PROVISIONS ON TRAINING, COUNSELLING, ETC - 35. CounsellingProvision

The Authority must provide counselling services to Kenyans seeking employment on general employment matters; the Authority may offer counselling in offices, educational institutions, schools and other fora to educate about labour market trends and related factors.

Section 35. Counselling Section 35(1) The Authority shall provide counselling services to Kenyans seeking employment on general matters relating to employment, including career progression, choice of careers, among others. Section 35(2) The Authority may offer such counselling in its offices, at institutions of higher learning, schools and other fora, to educate and disseminate information with regard to trends of employment and other factors that influence the labour market.

Section 35Verify source

Part VI

INTERNSHIPS

§ 36INTERNSHIPS - 36. Placement for internshipProvision

The Authority must place and help find paid internships for tertiary students, require applicants to provide personal and academic details, monitor placements to prevent exploitation, and the Cabinet Secretary may make regulations in consultation with the Authority.

Section 36. Placement for internship Section 36(1) The Authority shall facilitate placement of students at tertiary institutions in positions of internship or attachment during and after completion of their study. Section 36(2) The Authority shall, during or after successful completion of a person's undergraduate, diploma or certificate studies, make efforts to find paid internship for that person in a Government institution or any other sector, as the person seeks employment individually or through the Authority. Section 36(3) A student at a tertiary institution or institution of higher learning who wishes to be placed on internship or attachment by the Authority shall furnish the Authority, in a manner provided by the Authority, with personal and academic details to facilitate such placement. Section 36(4)(a) all students seeking internship or attachment; and Section 36(4)(b) all students who successfully attain positions of internship or attachment. Section 36(5) The Authority shall monitor all placements to ensure that persons on attachment or internship are not exploited or their rights violated by any employer or institution in which they are undertaking an internship or attachment. Section 36(6) The Cabinet Secretary may, in consultation with the Authority, make regulations generally to give further effect to this section.

Section 36Verify source

Part VII

AFFIRMATIVE ACTION

§ 37AFFIRMATIVE ACTION - 37. Encouragement to employ KenyansProvision

The State must encourage institutions to employ Kenyans; it must create incentives for private institutions that hire recent Kenyan graduates within six months and without over five years’ experience; the Government must take affirmative action to promote Kenyans’ employment in management and other levels regardless of experience.

Section 37. Encouragement to employ Kenyans Section 37(1) The State shall, through the Authority, encourage private and public institutions to employ Kenyans in all positions, including positions of leadership and management. Section 37(2) The State shall come up with incentives to reward any private institution that employs Kenyans within six months of completion of their certificate or undergraduate studies, and who do not possess more than five years work experience. Section 37(3) The Government shall take affirmative action measures and actions designed to promote the employment of Kenyans in management and other levels of employment regardless of their years of experience.

Section 37Verify source

Part VIII

FINANCIAL PROVISIONS

§ 38FINANCIAL PROVISIONS - 38. Funds of the AuthorityProvision

Section 38 identifies the Authority's funds (including funds appropriated by the National Assembly, moneys or assets accruing or vesting in the Authority, and moneys from other sources), prohibits the Authority from accepting funds, gifts or donations from persons it regulates, requires donated moneys to be declared at the end of each financial year, and states that sums to defray the Authority's expenditure shall be paid out of its funds.

Section 38. Funds of the Authority Section 38(1)(a) such funds as may be appropriated by the National Assembly for purposes of the Authority; Section 38(1)(b) such moneys or assets as may accrue to or vest in the Authority in the course of the exercise of its powers or the performance of its functions under this Act of any other written law; and Section 38(1)(c) all moneys from any other source provided for, donated or lent to the Authority. Section 38(2) Notwithstanding subsection (1)(c), the Authority shall not accept funds, gifts or other donations from any person it regulates. Section 38(3) Any moneys donated to the Authority shall be declared at the end of each financial year. Section 38(4) There shall be paid out of the funds of the Authority all sums required to defray the expenditure incurred by the Authority in the exercise of its powers and the performance of its functions under this Act.

Section 38Verify source

§ 39FINANCIAL PROVISIONS - 39. Financial yearProvision

The Authority's financial year is the 12-month period ending on 30 June each year.

Section 39. Financial year Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth day of June in each year.

Section 39Verify source

§ 40FINANCIAL PROVISIONS - 40. Annual estimatesCommencement

The Authority must prepare annual revenue and expenditure estimates at least three months before each financial year, approve them before the year starts, submit them to the Cabinet Secretary with the Treasury's concurrence, and must not increase them without the Cabinet Secretary's consent.

Section 40. Annual estimates Section 40(1) At least three months before the commencement of each financial year, the Authority shall cause to be prepared estimates of revenue and expenditure of the Authority for that year. Section 40(2)(a) the payment of salaries, allowances, pensions, gratuities and other charges in respect of the staff of the Authority; Section 40(2)(b) the proper maintenance of the buildings and grounds of the Authority; Section 40(2)(c) the maintenance, repair and replacement of the equipment and other property of the Authority; Section 40(2)(d) the creation of such reserve funds as the Authority may consider appropriate to meet the recurrent expenditure and contingent liabilities of the Authority. Section 40(3) The annual estimates shall be approved by the Authority before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval with the concurrence of the Treasury, and thereafter the Authority shall not increase the annual estimates without the consent of the Cabinet Secretary.

Section 40Verify source

§ 41FINANCIAL PROVISIONS - 41. Accounts and auditProvision

The Authority must ensure that all proper books and other records of accounts for its income, expenditure, assets and liabilities are kept.

Section 41. Accounts and audit Section 41(1) The Authority shall cause to be kept all proper books and other records of accounts of the income, expenditure, assets and liabilities of the Authority. Section 41(2) The accounts of the Authority shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 41Verify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

Act The object of the Act
Section 3
Act This section states that the Act
Section 4
Authority shall be audited and reported upon in accordance with the provisions of the Public Audit Act
Section 41
Authority under this Act
Section 14
Cabinet Secretary to make regulations under this Act
Section 44

G–M

1 instrument

Kenyans registered under this Act
Section 30

N–S

1 instrument

National Employment Bureau that relates to its functions before the commencement of this Act
Section 45

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31 Dec 2022 · currentEnglish

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