{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=160558","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=160556","results":[{"id":1623762,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623762/?format=json","text_counter":256,"type":"speech","speaker_name":"Sen. Mungatana, MGH","speaker_title":"","speaker":null,"content":"these people transported all the way back to Nairobi. This is because they had mishandled the opportunity for employment back in Johannesburg. There is a category of young people who want to go abroad, but do not know how to access job opportunities, leading them to seek shortcuts. There is also another category of individuals who set up bureaus under the guise of creating employment or searching for job opportunities when, in fact, they never had any intention of genuinely helping our people. Their original intention, and it remains so, was to con these individuals, particularly the young men. This Bill by Sen. Tabitha Mutinda addresses this need. It is a legislative proposal aimed at solving a problem that currently exists within our country and society. Many young men and women are not necessarily thinking solely as Kenyans. In a sense, they are global citizens. Some have gone to study in Kampala and have returned. Others have studied in Tanzania and they are back. Some did not qualify to enter certain colleges in Kenya, but managed to enroll themselves in neighbouring countries and obtained their degrees. Some can speak different languages and intend to live elsewhere. Therefore, because of that desire, some people cash on it. This need is being addressed by this legislation. That is one case I have dealt with and resolved. There is another case, which was being handled in the criminal court that deals with trans-border crime. In that case, I was representing a director of an employment agency who had been accused of trafficking. In fact, very serious charges were brought against that director. According to the Directorate of Criminal Investigations (DCI) who brought the case, they believed that the clients of that lady were not actually going to work, but were being trafficked from Kenya to another country. We struggled significantly because the law in this area was not well established. We had to produce extensive documentation and prove many things before we could convince the prosecution that this was a genuine person who had been engaged in labor recruitment for a long time. We had to provide a list of many people who had been assisted by that firm and demonstrate that there was no justification for closing it and accusing them of trafficking. After some struggles, the director was eventually freed. This law also protects genuine employment firms that are conducting legitimate work. It promotes and protects the private employment bureaus that are genuinely seeking to help Kenyans secure job opportunities. I am very happy with this Bill. I am pleased with the way it has been drafted. It addresses several concerns and questions that we frequently encounter when traveling outside the country. I have had the fortune of serving as an Assistant Minister in the Ministry of Foreign Affairs and I have travelled to many countries on behalf of the Republic of Kenya. Ordinarily, after all the formalities, the ambassador always organizes an opportunity to meet with Kenyans. They not only meet the embassy staff, but also the residents, the movers and shakers in the area. Many times, when we meet these young men and young women, they frequently share their concerns about documentation and how they are being treated in those countries. In many embassies around the world, you will find military, education and trade attachés. However, this law now proposes that we must establish compulsory labour 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":1623763,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623763/?format=json","text_counter":257,"type":"speech","speaker_name":"Sen. Mungatana, MGH","speaker_title":"","speaker":null,"content":"attachés in these embassies that we maintain in various capitals across the world. I believe this is a good Bill. I urge fellow Senators to support it because it solving a problem. I am confident that once it is enacted, we will have a better system for protecting our children who seek employment abroad. Mr. Temporary Speaker, Sir, I cannot conclude my submissions without congratulating the current Cabinet Secretary for Labour and Social Welfare. He has not been Nairobi-centric; he has travelled to various counties where he has actively promoted the Government’s policy of encouraging labour migration. He has visited different regions, emphasizing that there are employment opportunies for drivers, individuals to work in the hospitality industry and nurses outside the country. He has also specified qualifications that are required and the defined process for securing these positions. I know we have faced challenges. I recall the Cabinet Secretary appearing before committees and being questioned about some of these employment bureaus. However, with this Bill now in place and the implementation of this policy, I believe many of the issues that have bedevilled this industry through the labour migration will be reduced. One of our former colleagues here had raised many questions, leading to exchanges between herself as a Senator and the Cabinet Secretary. This generated a lot of fear and made people question whether these overseas job opportunities were genuine. I remember walking out of the Senate and meeting individuals who clearly stated that they had been conned. Their money was gone and they were not able to report to their stations or the promised jobs. These kinds of sentiments and uncertainties will be addressed by this law. When this Bill becomes law, I will confidently say that I am dealing with an employment bureau recognized by the Kenyan Government. It is registered and has passed through the vetting and validation process of the committee that has been set by the law. This will ensure that when I assist people from my county in Tana River to come to Nairobi, I can be certain that I am not dealing with conmen or fake bureaus seeking to fleece our young people of the little they have. I believe this Bill is responding to an existing need, addressing the confusion caused by the labour migration policy and settling the questions surrounding the implementation of this policy across the country. We will no longer have fake employment bureaus. All such bureaus will be required to register. As you can see, representatives from the DCI, the Director of Labour and senior Government officials, including the Cabinet Secretary for Foreign Affairs, will be responsible for vetting applicants in this committee before granting a license. Moreover, that license can be revoked, as it is issued under specific conditions. If you do not fulfil those conditions, then you will not be able to operate. This settles a big problem and our people now will have confidence that this labour migration policy under President Ruto's Government is not just something that was being talked in the air and that after 2032 when he is gone, this thing will die. Now we have a signature legislation that will anchor this policy and help our people know where to seek jobs. With those many remarks, I again thank the sponsor of this Motion. It is a good Bill. I want to urge Senators to support it. I want to tell the country that this is where we shall go. We are moving away from uncertainty to a situation where there is certainty. 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":1623764,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623764/?format=json","text_counter":258,"type":"speech","speaker_name":"Sen. Mungatana, MGH","speaker_title":"","speaker":null,"content":"We are also moving away from fake bureaus to a situation where we have now registered bureaus that are recognized by law. You can Google them, know them and you deal with entities that will assist our people. We are moving from a position where we never had labour attaches. Now we will have in our embassies abroad. Even when your children go out there to work, there will be a place where they can lodge their complaints. They can have their rights asserted if their employers are not treating them right. We thank the sponsor of this Bill. I beg to support."},{"id":1623765,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623765/?format=json","text_counter":259,"type":"speech","speaker_name":"Sen. Abdul Haji","speaker_title":"The Temporary Speaker","speaker":null,"content":" I now call the Mover to reply."},{"id":1623766,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623766/?format=json","text_counter":260,"type":"speech","speaker_name":"Sen. Tabitha Mutinda","speaker_title":"","speaker":null,"content":"Thank you, Mr. Temporary Speaker. For me, it is a really great evening. This is a Bill that my colleague; the seconder, Sen. Hamida, made a positive contribution. These are things that touch our people very dearly. She has been able to share some of the examples and I really want to thank Sen. Hamida for her great input. I know she is a champion when it comes to matters health and anything that affects our young people. I also want to thank Sen. Mungatana. He has been able to give us two great examples of what he came across when he travelled as far as the issue of migrant workers is concerned, the court cases that he has been able to represent in his other life when it came to the issues of a recruitment agency. These are issues that are affecting our people each and every day. I pray and hope that my colleague Senators, as they will be voting for this Bill, they will also find time to understand what is in the Bill. This is because I have really ensured that it covers at least 100 per cent of all the areas that are needed to bring synergy and solutions to the issues affecting the migrant workers. Clause 15 of the Bill talks about the authority establishing an online portal. This online portal will be able to facilitate the registration of all private employment agencies. We will also be able to on-board all the migrant workers. We will give them a platform to access more job opportunities, provide information on matters clearance, approvals and registration for requirements of the migrant worker so that we have a clear and clean database. If a person contravenes the law, as far as not having the requisite operating license of a private agency, they will be subjected to a fine not exceeding, Kshs10 million or a 10-year imprisonment."},{"id":1623767,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623767/?format=json","text_counter":261,"type":"speech","speaker_name":"Sen. Tabitha Mutinda","speaker_title":"","speaker":null,"content":"Mr. Temporary Speaker, Sir, as I conclude, the Bill says that; The national Government may conclude a memorandum of understanding, a bilateral labour agreement or any other instrument with another country and this will ensure and enhance safe, fair and orderly migration, increment of opportunities, safeguard the welfare and the rights of migrant workers. Another thing I would like to highlight is that any memorandum of understanding, bilateral labour agreements or other instruments under Section 1 shall be concluded on the basis of the following principles, among others: Promotion of fair recruitment, protection of migrant workers’ rights, safety and human dignity of migrant workers within the country, protection of labour and any other human rights of Kenyan migrant workers in the concerned country, respect to 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":1623768,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623768/?format=json","text_counter":262,"type":"speech","speaker_name":"Sen. Tabitha Mutinda","speaker_title":"","speaker":null,"content":"international standards, migrant workers’ rights to information and the right to redress if their rights are violated. The Bill is averse and it covers everything as far as their safety, growth, opportunities and online data security is concerned. Everything is covered by this Bill. What will change the perception that our migrant workers are being trafficked? We will serve genuine and rogue agencies, once and for all. Mr. Temporary Speaker, Sir, with those remarks, I appreciate my colleagues and also appreciate this day. It is the second Bill I am moving. My first Bill is in the National Assembly, awaiting the Second Reading. I now request that the putting of the question be deferred to a later date."},{"id":1623769,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623769/?format=json","text_counter":263,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"(Putting of the Question on the Bill deferred)"},{"id":1623770,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623770/?format=json","text_counter":264,"type":"speech","speaker_name":"Sen. Abdul Haji","speaker_title":"The Temporary Speaker","speaker":null,"content":" Very well, Senator. The Division will be deferred. Clerk, read the next Order."},{"id":1623771,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1623771/?format=json","text_counter":265,"type":"heading","speaker_name":"","speaker_title":"","speaker":null,"content":"BILL"}]}