{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=160557","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=160555","results":[{"id":1623752,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623752/?format=json","text_counter":246,"type":"speech","speaker_name":"Sen. Tabitha Mutinda","speaker_title":"","speaker":null,"content":"Thank you, Mr. Speaker, for guidance. My sincere apologies, at times, because of the busy schedule, we miss some of these points, but it is not intentional. Mr. Temporary Speaker, Sir, allow me to Move the Motion – THAT the Labour Migration and Management Bill (No.2) Bill (Senate Bills No.42 of 2024), be now read a Second Time. As I earlier mentioned, I would like to appreciate the Standing Committee on Labour and Social Welfare that has prosecuted this Bill in this House to where it is today, for the Second Reading stage. The main purpose of this Bill is to provide for the regulations of private employment agencies and the recruitment of workers within and outside Kenya to safeguard the rights and welfare of our job seekers and migrant workers, with the purpose of connectivity between the foreign countries and our people. As I mentioned earlier when I started, this was driven by what I have seen over time and over the years, where our people have sought jobs through the agencies out there to earn a revenue to make a living. We have seen the challenges that have come with that. We have seen how in some cases our people have been mistreated. A few of the complaints that have been brought about have been a bit fair or okay. They have not had the same issues like most of the people who, in my view, have had challenges. It is in that regard, as a legislator, that I sat with the legal team and drafted this Bill to safeguard the working spaces that our Kenyan people work in. This Bill will ensure that we have a functionality of the authority in charge when it comes to ensuring that the recruitment agencies are thoroughly vetted, so that we do not have agencies that just moves our Kenyan people from here and leave them hanging out there, as we have seen previously. The Bill sets out regulations, policies that both countries, that is our country and the foreign countries, need to adhere to and the bilateral MOU agreements that need to be signed so that both countries have an understanding. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1623753,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623753/?format=json","text_counter":247,"type":"speech","speaker_name":"Sen. Tabitha Mutinda","speaker_title":"","speaker":null,"content":"This Bill will ensure that our people can get the fairest earnings. The fact that there is an understanding, there is a policy in place, it will give our people an opportunity to earn fairly or be able to match other foreigners who are also working in those countries. At times, people from other countries are paid higher than our Kenyan people, yet they are doing or offering the same services that are needed. This is quite unfair. The Bill also brings in the responsibility of the Ministry of Foreign and Diaspora Affairs, which will need to have a clear database, in collaboration with the Ministry of Labour and Social Protection of our migrant workers or Kenyan workers who got jobs abroad and are working in those spaces. At times, it is shocking that until an individual raises an alarm that they are going through a mistreatment or challenges with this particular employer and move to the Ministry of Labour and Social Protection, or the Ministry Foreign and Diaspora Affairs, who are not even aware that that person travelled for that purpose or anything like that. It becomes a challenge where the loved ones now end up having the pressure and the stress of trying to find one of their own, because the channel that was used is not within the database. So, the Bill provides that the authority that will be in place will ensure total collaboration and ensure that the data is in place for our people who are travelling and moving to work in these foreign countries. Some of the functions are to ensure that they register and regulate private employment agencies because this is where we have had a challenge. We have had those who are genuine and we have had those who are rogue and after the money. They take money from Kenyans without offering them jobs. There is a need for the development of pre-departure programmes for migrant workers. At times, our people get these jobs and because we have different cultures in different foreign countries, they are not able to adapt to those cultures. They are not able to understand how they are supposed to behave. We have examples of the ones who get the house jobs. It becomes a challenge in how they dress and how they handle certain things because the culture there is different from our own culture. Mr. Temporary Speaker, Sir, the authority will ensure that even before departure, there is what we call a pre-departure programme for the migrant workers, which will ensure that they are more informed. They get more informed as far as their rights are concerned in that foreign country. They will also be informed of the policies that are in place, where they can report, the channels that they can use in case they have challenges or in case there is a disagreement between the employer and the employee. In the current scenario, we find that they run away from this particular employment and they are nicknamed Kemboi or something like that. This is what has been happening. Does it solve the problem? It does not solve the problem. Identification and creation of awareness on employment opportunities in any of those foreign countries to facilitate access to the new opportunities. I do not believe that someone would just want to work at the same level in the same spot, for years and years. They want to transition. It is good when there is a platform for them to ensure that the information reaches them. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1623754,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623754/?format=json","text_counter":248,"type":"speech","speaker_name":"Sen. Tabitha Mutinda","speaker_title":"","speaker":null,"content":"Verification and approval of job orders that are emerging from private employment agencies. Continuous awareness for them needs to be offered. The Bill ensures all that. The authority that I am proposing will ensure that it monitors the performance of all these agencies. How are they working? How many people have been able to move? How many cases are being received as far as complaints are concerned and have these workers been able to go through this agent? For example, if sgent x has more issues, then there needs to be investigations as to why this agency has issues when they move people to work abroad, unlike this particular agent. There needs to be continuous inspection of these particular agencies. The authority will also ensure continuous training. There needs to be standards. Depending on the different countries that our people go to work, there needs to be different facilities that have been set up before they leave the country and they are guided by the cultural norms of the different laws that are within those countries, what they are supposed to do and what they are not supposed to do. There also needs to be a multi-agency committee on vetting of those private employment agencies. It is very important. I propose that the Principal Secretary in charge of matters on Labour and the Principal Secretary for Foreign Affairs be its representatives. These two people are very important because matters on Labour and Foreign Affairs, there needs to be maximum collaboration and synergy so as to achieve maximum results. Mr. Temporary Speaker, Sir, I have also proposed the Commissioner for Labour, the Director of Criminal Investigations (DCI), the Director General on National Intelligence, the Director General on Migration and its representative, among many others. This is so that security is offered. There is clear data and information from the Ministry of Foreign and Diaspora Affairs, Ministry of Labour and Social Protection on what kind of works and contracts our people signs. The committee will be required to submit an annual report to the Cabinet Secretaries for Labour and Foreign Affairs. It will ensure that they have updated a list of the any new agencies that have been brought about, updated issues that have been raised, how those issues were solved and measures that have been put. The Cabinet Secretary shall also deploy a labour attaché to serve in each Kenyan mission. This is very important. Currently, we have this gap. When issues occur to people in the Gulf countries, at times, it is always a challenge on how they report and how fast the response is. If this Bill passes and there is a provision for the Cabinet Secretary to deploy a labour attaché to serve in each Kenyan mission, targeting the issue of migrant workers, then definitely, we will be able to solve many issues before they get out of hand. The Cabinet Secretary also responsible for matters foreign affairs shall put in place mechanism to safeguard the welfare of the migrant workers which include developing strategies for migrants to participate in the development process. This is so that our people do not stick to one place of employment, but are able to enhance their skills and move to the next level of employment. That will also be developing measures to enhance safety and security of migrant workers. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1623755,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623755/?format=json","text_counter":249,"type":"speech","speaker_name":"Sen. Tabitha Mutinda","speaker_title":"","speaker":null,"content":"Mr. Temporary Speaker, Sir, through the Kenyan mission attaché, the Bill provides that they can set a safe house for our Kenyan people. In the event that an issue occurs, harassment or misunderstanding, then provision of a safe house for each and every country where our people are working will give them an opportunity to be able to still continue feeling safe and know that the Government is still offering them security. As I speak, they run away, they are stranded and they do not know where to go. The provision of a safe house ensures that at least they know where to go. This is information that they have at hand even before they leave the country. They should know where it is the safe house is located and the contacts in the event there is an occurrence and they need to be in that place. Still the Cabinet Secretary for Foreign and Diaspora Affairs shall for the effective implementation of this section facilitate information sharing as a means of ensuring continuous engagement between the national and the county governments and migrant workers. The Bill talks about ensuring that at each county level, among the 47 counties within the County Executive Committee Member for Labour, there needs to be an officer who is responsible for matters migrant workers. Many people from different countries pass through our big airport JKIA to seek employment abroad. In the event they need to go for these trainings or that there is an occurrence there, the county officer in charge of the migrant workers can assist them. The Bill proposes that even these trainings need to be designated at the different county level. Our people are able then to get that training at the lower level before even they come to Nairobi and prepare for their travel. As I conclude, Clause 14 of the Bill proposes that- “a person who intends to operate a private employment agency shall submit an application for private employment agency, county operating license to the respective county executive committee member” The Bill is bringing this down to the county level. The agencies need to be licensed at that county level or mashinani level to our own people. This is because most of these people are also coming from the different counties, as much as many are also coming from Nairobi City County where I represent. At least the Bill provides that all Kenyans will be able to have equal opportunity as well. A county operating license shall be renewed annually. Mr. Temporary Speaker, Sir, I do not want to go into all the details because hon. Senators have read the Bill and they will contribute to enrich it. With those many remarks, I request my Sen. Hamida to second."},{"id":1623756,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623756/?format=json","text_counter":250,"type":"speech","speaker_name":"Sen. Kibwana","speaker_title":"","speaker":null,"content":"Thank you, Mr. Temporary Speaker, Sir. I beg to second. First, I want to chip in on this Bill which I feel strongly is long overdue. It should have been moved early enough. We have been having issues with the recruitment and agents, maybe I should even call them scammers who have been really scamming our young. Most of them, of course, are women who are taken to, especially to the Middle East. It has been such a nightmare because without these laws you may find that the recruitment agency has come and taken the money. The workers end up being in the wrong hands. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1623757,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623757/?format=json","text_counter":251,"type":"speech","speaker_name":"Sen. Kibwana","speaker_title":"","speaker":null,"content":"I am happy that the Bill provides for the establishment of Migrant Workers Welfare Fund. It also provides a bilateral labour agreement appeal against administrative decisions that will be made and the establishment of safe houses in the destination countries. It is our pride when we go to Qatar and find our young men and women working there. They all seem very happy and quite motivated to work. The other time when I was talking to the Ambassador of Qatar he told me, you know how the Kenyans workers are quite energetic and motivated that they do not mind the whole airport of Qatar or Doha to have Kenyans. Kenyans are hard-working people. We want them to have the best working out of the country in diaspora. The best thing - looking at the Bill – it will provide for the pre- departure procedures for foreign employment. Also, the biggest issue is that we always have workers trying to come back home and they are unable to do that due to their passports have been confiscated or you know, their bosses have taken advantage of our girls. So, you may find that they are unable to travel back because they do not have their passports. I am hoping and praying that this Bill shall take such matters into consideration, especially the establishment of the workers' welfare. This is ecause then there will be some under the PFM Act, the repatriation of the migrant workers. Mr. Temporary Speaker, Sir, we do not want to end up with girls in hospital. Some of them have tried to commit suicide and do many other things or maybe the same. We do not want their employers to take advantage of them. Unfortunately, at that time when you are looking for the agents who recruited these workers, they are nowhere to be found. That is why I call them scammers. They have ‘eaten’ their money and they have used them and dumped them. So, it is really unfortunate how workers are taking advantage back in other countries. I would not just peg it on one of the countries, maybe it is most of the time they talk about Saudi Arabia. I would say maybe some of the Middle East countries where the workers are taken advantage of. This Bill will take care of all the pertinent issues raised by Kenyan workers working abroad or should I say diaspora. Some of these provisions will take care of them. Mr. Temporary Speaker, Sir, I feel that even the part that the Bill exempts certain classes of persons from that pre-departure. It gives and provides an enforcement of act and the appointment of inspectors; their functions and powers. This is a good Bill that will mandate the national Government to consult county governments in creation of registers and investment opportunities. This is what one of the CSAs was dealing with. When I spoke to the Ambassador for Qatar, he spoke highly of how we are so organized when it comes to labour. I think we have more or less an MOU for labour and he feels that that area has been taken care of very well. I should say our CS for Labour and Social Protection is doing so far a good job in terms of taking care of genuine labour issues for the immigrants. I commend this Bill. It is a pity sometimes we hear young girls being harassed and at receive their bodies not knowing what caused their death. Many young girls who have died working abroad in order to support their families. It so disheartening hearing our young girls are being killed and harassed in foreign land. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1623758,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623758/?format=json","text_counter":252,"type":"speech","speaker_name":"Sen. Kibwana","speaker_title":"","speaker":null,"content":"Mr. Temporary Speaker, Sir, we need to have all these workers registered. Even if there is cancellation for any registration, then it needs to be provided. We need to have a proper data of our Kenyan workers working abroad. We need to have the data of which city they are, company, organization, or house that they are working. It seems we do not have this information and that is why some of the agents disappears into thin air after getting money from innocent Kenyans. Our children are suffering out there. I support this Bill and I second the Motion. I feel this Bill speaks to our boys and girls working in abroad. It will take care of the same small issues that they have been raising, especially with the agents. Mr. Temporary Speaker, Sir, I second the Bill. Thank you."},{"id":1623759,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623759/?format=json","text_counter":253,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"(Question proposed)"},{"id":1623760,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623760/?format=json","text_counter":254,"type":"speech","speaker_name":"Sen. Abdul Haji","speaker_title":"The Temporary Speaker","speaker":null,"content":" Sen. Danson Mungatana."},{"id":1623761,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623761/?format=json","text_counter":255,"type":"speech","speaker_name":"Sen. Mungatana, MGH","speaker_title":"","speaker":null,"content":"Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to support this Bill. I start by thanking the sponsor of the Bill, the Hon. Sen. Tabitha Mutinda and the team that worked with her to bring this legislative proposal or Bill before this House. A legislative proposal always responds to a certain need that exists within the country. There is a need to regulate these labour employment bureaus. The main purpose of this Bill, and as was stated during the moving of it, is to create an Act of Parliament to provide for the regulation of private employment agencies and the recruitment of workers within and outside Kenya. It is also supposed to safeguard the rights and welfare of job seekers and migrant workers and for connected purposes. Mr. Speaker, Sir, just before I got elected to the Senate, on instruction of my client in the practice of law, I travelled all the way to a border court in Zambia. We had to land in Lusaka and go across Zambia, all the way towards the border near Tanzania. There were ten young men from my county in Tana River. They had been arrested because they were heading towards South Africa. They were going for an employment opportunity that had arisen there. However, they had been misguided in the manner in which they could reach Johannesburg and start working. Some of them were accompanying their friends. They had been misled into believing that they can just go with them using some other panya routes to reach South Africa and start working there. They had been promised better life than what they were doing in Tana River County. Mr. Temporary Speaker, Sir, there is a need for us to look at the employment opportunities being offered outside Kenya and what we can regulate here to make sure our young people are not arrested when they are going that side. We struggled a lot in that particular case. At the end, we succeeded in getting those children, young men, let me call them, back to Tana River County at a great cost. People had to sell their cows and land so that we could manage the court processes in Lusaka and Chinsali at the border between Tanzania and Zambia. Then, we had to get The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."}]}