Seeking Employment In Kenya, and Clearance or Compliance Certificates

SEEKING EMPLOYMENT IN KENYA, AND CLEARANCE OR COMPLIANCE CERTIFICATES

In the recent past getting a job in Kenya has been very competitive as the number of qualified job seekers has increased by the day. A high number of Kenyans aged 24 to 40 are jobless despite the educational qualifications they posses. A few laws play about the cause in reducing the competition but early the year 2022, the THE EMPLOYMENT (AMENDMENT) ACT No. 15 of 2022 got a few amendments regarding the clearance and compliance certificates which have been the pain in most job application. This was a reprieve in the first stage of job application and shortlisting for interviews.

The amendment was assented on the 4th April, 2022 and set to commence on the 22nd April, 2022 which indeed is now in play. In brief the amendments were as follows;

Section 9 of the Employment Act was amended by inserting the following new subsections immediately after subsection (4)— (5) “In respect of recruitment, an employer shall not require an employee to submit any clearance or compliance certificate unless such employer intends to enter into a contract of service with the employee: – pause for a bit.(This gives an opportunity to be shortlisted and set forth for interviews pending the actual employment where the employer may require the clearance or compliance certificates).

The amendment goes further to state that; Provided that an applicant for a state office shall provide compliance or clearance certificates at such times in the recruitment or approval process as they may be required. – pause again (Now here we have a distinction between state office and private entity applicants).

Further amendments state that (6) An employer who intends to enter into a written contract of service may, in compliance with chapter six of the Constitution, request an employee to submit mandatory clearance certificates from the relevant entities.

(7) Notwithstanding subsection (6), an employer may, where an employee does not satisfy the requirements under subsection (6), withdraw an offer of contract of service.

The above amendments having come into play, the conclusion is that at the end of the day one will require the clearance and or compliance certificates but it becomes mandatory mostly after the interview. Delays have been caused while getting the compliance certificates which are generated by the government and quasi-government bodies.