The Kenyan government has adopted a comprehensive set of legal, policy, and diplomatic measures to curb the illegal recruitment of Kenyans into foreign military operations, including the Russian Special Military Operations, Prime Cabinet Secretary Musalia Mudavadi told Parliament on Wednesday.
Speaking in the National Assembly, Mudavadi outlined the multi-sectoral approach aimed at dismantling fraudulent recruitment networks and protecting Kenyan citizens from exploitation.
“Mr. Speaker, we have de-registered and shut down over 600 non-compliant or rogue private recruitment agencies to dismantle fraudulent networks and prosecute operators under the Counter-Trafficking in Persons Act,” Mudavadi said, adding that the list of de-registered agencies will be tabled before the House.
Through the National Employment Authority, the government has instituted mandatory registration and compliance checks for recruitment agencies, with sanctions including licence revocation and prosecution for deceptive or illegal practices.
Only vetted agencies are allowed to handle overseas placements.
The government has also established a 24-hour call center to help Kenyans verify the legitimacy of job offers abroad and strengthened the Diaspora Placement Agency (DPA) to promote safe labour mobility and prioritise government-to-government placements.
Verification of overseas job offers has been enhanced through pre-departure checks by Kenyan Missions and the State Department for Diaspora Affairs.
“At the airports, we have set up labour desks to verify employment documents for Kenyans departing to work abroad, ensuring they comply with all recruitment processes,” Mudavadi said.
A multi-pronged coordination effort involving the Ministries of Foreign and Diaspora Affairs, Interior, the National Intelligence Service, the Directorate of Criminal Investigations, Immigration Services and the National Employment Authority remains active in investigating and arresting parties involved in illegal recruitment.
Mudavadi highlighted the existing legal framework, noting that the Counter-Trafficking in Persons Act, 2010 criminalises all forms of human trafficking, including labour trafficking and deceptive recruitment.
The Labour Institutions Act also prohibits recruitment without a licence, prescribing penalties of Sh50,000, three months’ imprisonment, or both.
However, the Prime Cabinet Secretary said these penalties are too lenient given the severe distress suffered by victims.
To strengthen enforcement, the government has sought Cabinet approval to accede to the 1989 United Nations Convention Against the Recruitment, Use, Financing and Training of Mercenaries and the 1977 Organization of African Unity (OAU) Convention for the Elimination of Mercenarism in Africa.
Once ratified, these conventions will reinforce Section 68 of the Penal Code, which criminalizes the enlistment or training of Kenyans in foreign armed forces without presidential approval.
Following his official visit to Russia, Mudavadi said his office recommended the initiation of bilateral legal instruments on Mutual Legal Assistance and the Transfer of Prisoners and Sentenced Persons to enhance cooperation between the two countries.
He also highlighted the proposed Labour Migration Bill, 2025, which, once enacted, will safeguard the rights and welfare of Kenyan job seekers and migrant workers, addressing gaps in the current legal framework.
“These interventions demonstrate our commitment to protecting Kenyan citizens, enforcing the law, and ensuring that recruitment for foreign employment is safe, legal, and regulated,” Mudavadi added.
