ADVOKS GLOBAL · KENYA
Kenya Citizenship and Immigration Act
45. Duties and obligations of employers
Edition: 2022-12-31 · In force
45. Duties and obligations of employers
(1)No person shall employ—(a)a foreign national who entered Kenya illegally;(b)a foreign national whose status does not authorize him or her to engage in employment;(c)a foreign national on terms, conditions or in a capacity different from those authorized in such foreign national’s status.(2)It shall be the duty of every employer to apply for and obtain a work permit or a pass conferring upon a foreign national the right to engage in employment before granting him employment and it shall be presumed that the employer knew at the time of the employment that such person was among those referred to in subsection (1).(3)An employer employing a foreign national shall—(a)for two years after the termination of such employment of the non- national, keep the prescribed records relating thereto; and(b)file a report with the Service in the prescribed manner in respect of—(i)foreign nationals under his employment; or(ii)any breach on the side of the foreign national’s employment.(4)If there is credible evidence that the foreign national who entered Kenya illegally is found on any premises where a business is conducted, conducting himself in such a manner as to suggest that he is in employment within the premises, it shall be presumed that such illegal foreign national was employed by the person who has control over such premises, unless evidence to the contrary is provided.(5)For the purposes of this section a person who performs for the benefit of or at the request of another person any work or service of a kind which is commonly performed by a person in employment, is deemed to engage in an employment, and that other person is considered to employ that person.(6)A person who contravenes the provisions of this section commits an offence.