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.

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.

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

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.

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

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 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.

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 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.

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

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.

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.

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.

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

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.

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

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

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

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 exceeding fifty thousand shillings, or imprisonment not exceeding three months, or both.

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

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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 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.

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

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.

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