SAFEGUARDING KENYA’S YOUTH THROUGH ETHICAL RECRUITMENT AND STRONGER ENFORCEMENT

INTRODUCTION

Kenya is a young nation. As of 2024, about 75% of the population is under 35, with those aged 15–34 making up roughly 36% of all Kenyans (Afrobarometer, 2024). Yet for many of these young people, opportunities are scarce. The overall unemployment rate hovers around 12.7%, but for youth, it soars to nearly 67% (FKE Kenya, 2024). Beyond the lack of jobs, young Kenyans often face nepotism, limited networks, skills mismatches, and minimal institutional support. This combination of a large, ambitious youth population and limited opportunities makes working abroad an attractive prospect. Unfortunately, it also exposes many to fraudulent recruiters, unsafe work conditions, and even human trafficking. Stories of agents demanding large sums of money for jobs that never materialize are increasingly common. Once payments are made, calls and messages go unanswered. Victims who persist are often met with intimidation or claims of “powerful connections”, leaving them feeling helpless and trapped. Government institutions like the National Employment Authority (NEA) and the National Industrial Training Authority (NITA) provide mechanisms for verifying the legitimacy of recruitment agencies and training programs. Similarly, the Directorate of Criminal Investigations (DCI) and the courts serve as formal avenues for criminal investigation and civil redress. Yet the persistence of fraud highlights the limitations of these systems particularly when enforcement is slow, coordination between agencies is weak, and penalties are often too low to act as effective deterrents.

ARE ASMAK & KAPEA: TOOTHLESS BULLDOGS?

Having understood the forces driving Kenyans abroad in search of opportunity, it becomes vital to question the role of the very institutions meant to regulate and protect them. The recruitment industry in Kenya is not without structure two key associations, ASMAK (Association of Skilled Migrant Agencies of Kenya) and KAPEA (Kenya Association of Private Employment Agencies), were established to bring order, enforce ethics, and promote fair practices among recruitment agencies. In principle, these associations are meant to safeguard jobseekers from exploitation, ensure only credible agencies operate, and set professional standards for international recruitment. But the question remains — are they truly effective in protecting vulnerable Kenyans from abuse, fraud, and deception? Professional bodies such as were established to uphold ethical standards and discipline rogue agents. While they provide guidance and professional credibility, codes of conduct alone are not legally binding, and membership-based oversight leaves many vulnerable youth unprotected.

ASMAK (ASSOCIATION OF SKILLED MIGRANT AGENCIES OF KENYA:

ROLE AND LIMITATIONS

The Association of Skilled Migrant Agencies of Kenya (ASMAK) was established in 2018 as a professional body for licensed private employment agencies. Its stated mission is to promote ethical recruitment practices, provide credible information to jobseekers and employers, and offer a forum for members to advocate for standards that benefit the industry. Membership in ASMAK requires agencies to be vetted and licensed by the National Employment Authority (NEA), submit company registration documents, director IDs, and proof of compliance with statutory requirements. On paper, this seems like a strong safeguard: only legitimate agencies are meant to join, and they are expected to adhere to ASMAK’s Code of Professional Practice. The Code covers everything from legal compliance, honesty, and transparency, to protecting workers’ safety, upholding diversity, ensuring accurate pay, and maintaining confidentiality. It sets high ethical standards for member agencies, particularly in overseas recruitment. However, despite these structures, ASMAK’s effectiveness in protecting vulnerable Kenyans is limited. The Code, though comprehensive, is not legally binding. ASMAK has no power to enforce laws; it can only discipline members internally. Membership is voluntary, meaning many agencies operate outside its reach, including unlicensed or unscrupulous operators who exploit jobseekers. Worse, public awareness is low many young Kenyans seeking work abroad have never heard of ASMAK and are unaware of its mechanisms to check agency credibility. In practice, this means that despite the presence of ASMAK, many youth remain exposed to fraud, unsafe working conditions, and even human trafficking. The association, while a step in the right direction, functions more as a professional advisory body than as a true safeguard. Without stronger enforcement, legal backing, and outreach to jobseekers, it remains a framework that sets standards but fails to guarantee protection for the most vulnerable.

KAPEA – ACHIEVEMENTS, ROLE AND LIMITATIONS IN PROTECTING VULNERABLE YOUTH.

The Kenya Association of Private Employment Agencies (KAPEA), founded in 1998, is a professional body representing licensed private employment agents. Its stated mission is to promote ethical standards, best practices, and fair recruitment while supporting member agencies to operate responsibly. KAPEA has made notable strides. It provides training, networking, and resources to enhance professionalism, enforces a code of conduct, advocates for policies through the National Employment Authority (NEA), and engages with government and Parliament to raise issues affecting migrant workers. Its partnerships, including a 2023 MOU with KNCCI and ASMAK, signal its commitment to tackling unemployment and promoting ethical recruitment practices. However, despite these achievements, the association’s impact on protecting vulnerable young Kenyans is severely limited. KAPEA lacks any legal mandate it cannot prosecute or impose statutory penalties against rogue agencies. Its disciplinary tools are confined to internal measures like suspension or expulsion, which have little deterrent effect on unscrupulous operators. Membership is voluntary, meaning many exploitative agencies continue to operate outside KAPEA’s oversight. Public awareness of the association is low, leaving young jobseekers largely unaware of the ethical checks it provides. The result is stark: while KAPEA promotes professional standards on paper, its frameworks are insufficient to shield youth from exploitation, fraud, or unsafe working conditions abroad. The ongoing prevalence of rogue agencies charging exorbitant fees or providing false job promises demonstrates that voluntary codes and advocacy alone cannot fill the protection gap. Real safeguards require legal authority, enforcement power, and widespread public awareness areas where KAPEA falls short.

PENALITIES AGAINST ROGUE RECRUITMENT AGENCIES: LINIENT OR STRINGET?

Kenya has in place several laws that govern labour migration and private recruitment, including the Employment Act, the Labour Institutions (Private Employment Agencies) Regulations of 2016, and the National Employment Authority Act of 2016. These frameworks were designed to ensure that recruitment agencies operate transparently, that jobseekers are protected from exploitation, and that all overseas employment is conducted through licensed and vetted agencies. However, despite these existing laws, cases of fraudulent recruitment continue to rise. Unscrupulous agents have been found collecting large sums of money — often between KSh 100,000 and KSh 300,000 per person — from desperate youth with the false promise of foreign jobs, only to disappear or send them into abusive conditions abroad. The persistence of such exploitation reveals that the current penalties are too lenient to serve as an effective deterrent. Under the Employment Act and related regulations, operating an unlicensed recruitment agency or engaging in fraudulent recruitment can attract a fine of up to KSh 500,000 or imprisonment for up to two years. While this may appear significant on paper, in practice it is far too low compared to the scale of harm caused. Many of these agents defraud dozens of jobseekers at once, amassing millions of shillings in a single scheme. The potential profits far outweigh the risk of the penalty, making this type of fraud a low-risk, high-reward enterprise. Recognizing the urgency of this issue, the government established a Multi-Agency Task Force on Labour Migration in July 2025. This task force brings together critical institutions — including the Directorate of Criminal Investigations (DCI), the Judiciary, the Office of the Director of Public Prosecutions (ODPP), the National Employment Authority (NEA), and the Ministry of Labour — to coordinate the fight against rogue recruitment. Its mandate includes strengthening licensing systems, fast- tracking investigations and prosecutions, and reviewing gaps in the existing legal framework. The Task Force has already acknowledged that this process requires deep inter-agency collaboration, since recruitment scams often involve forged documents, cross-border money transfers, and complex networks that cannot be tackled by one institution alone. While this is a positive step forward, it is clear that coordination alone will not be enough without stronger penalties and decisive enforcement.

THE CASE FOR STRICTER PENALTIES AS A DETERENT

There is now an urgent need to introduce stricter penalties to serve as genuine deterrents against rogue recruitment agents. A fine of Ksh 500,000 or a two-year jail term is far too lenient for individuals who defraud vulnerable jobseekers of millions. Weak punishments send the wrong message — that exploitation is a manageable risk rather than a serious crime. Introducing harsher penalties, such as fines of up to Ksh 10 million, longer jail sentences, and confiscation of assets obtained through fraudulent means, would significantly raise the stakes. It would make it unprofitable for rogue agents to exploit jobseekers and signal that Kenya will no longer tolerate the commodification of its citizens. The proposed Labour Migration Management Bill (2024) reflects this direction, recommending tougher sanctions for agencies operating without valid licenses or engaging in deceptive practices. Yet, the success of these reforms will depend on the implementation and enforcement capacity of the responsible institutions. Without timely prosecutions and consistent convictions, even the strongest laws risk being symbolic. Furthermore, visible accountability plays a key role in deterrence. When offenders are prosecuted publicly and their assets seized, it reinforces public trust in the justice system and warns others that the risks of such crimes outweigh the rewards. Every successful conviction sends a strong message — that those who prey on the desperation of young Kenyans will face the full force of the law. Stricter penalties would also protect legitimate recruitment agencies that follow due process. Ethical operators are often undermined by unlicensed competitors who cut corners and damage the industry’s credibility. By weeding out fraudulent players through meaningful punishment, the government would foster a safer, more transparent labour migration sector — one that protects both jobseekers and reputable agencies. Ultimately, deterrence is about justice and protection. When penalties are too lenient, exploitation becomes routine; when justice is swift and severe, it becomes a warning. Kenya’s youth deserve to know that their government will not allow their hopes and savings to be manipulated by criminal networks. Strengthening penalties is not just a legal reform — it is a moral imperative and a national commitment to safeguarding dignity, trust, and opportunity.

WAY FORWARD: EMPOWERING THE YOUTH

While stricter penalties and stronger enforcement are essential in curbing exploitation, true protection begins with awareness and empowerment. Many young Kenyans who fall victim to fraudulent recruitment agencies do so not because they are careless, but because they lack access to reliable information about which institutions are legitimate and which are not. Empowering jobseekers to verify agencies through official channels is one of the most effective ways to reduce vulnerability and prevent exploitation before it happens. The National Employment Authority (NEA) serves as the primary regulator of private employment agencies in Kenya. It maintains an updated register of all licensed recruitment firms operating within the country, including those authorized to facilitate foreign employment. Before paying any fees or signing contracts, jobseekers should be encouraged to cross-check the name of any agency on the NEA website or visit NEA offices in their county to confirm legitimacy. NEA also issues clear guidelines on the fees that can legally be charged for recruitment, making it easier for applicants to identify overcharging or fraud. Similarly, the National Industrial Training Authority (NITA) plays a crucial role in certifying skill levels and training standards, particularly for young people seeking overseas jobs that require technical competence. Verifying that a training institution or course is accredited by NITA helps jobseekers avoid fake “pre-departure training” schemes often used to exploit desperate applicants. The Kenya Association of Private Employment Agencies (KAPEA) and the Association of Skilled Migrant Agencies of Kenya (ASMAK) also provide additional layers of verification. Both associations represent licensed agencies and have internal codes of ethics that govern member conduct. By consulting KAPEA or ASMAK, jobseekers can confirm whether a particular agency belongs to a recognized professional body and whether there have been any complaints or disciplinary actions against it. These associations can also offer guidance on what constitutes ethical recruitment practices. However, for these systems to work effectively, public awareness must be actively promoted. Verification tools and regulatory institutions are only useful if people know they exist and understand how to use them. The government, civil society organizations, and the private sector can collaborate to run nationwide campaigns — both online and in community forums ;-educating the youth on how to identify licensed recruiters, what red flags to look for, and where to report suspicious activity. Incorporating this information into TVET institutions, youth polytechnics, and county employment offices would reach thousands of young people entering the job market each year. Additionally, integrating NEA’s and NITA’s databases into a simple online portal or mobile app could allow instant verification of an agency’s license status using a phone — a step that would greatly enhance accessibility and transparency. Empowerment also comes from normalizing vigilance. Young Kenyans must understand that due diligence is not mistrust — it is protection. Verifying an agency’s license, checking NITA accreditation, or consulting KAPEA and ASMAK should become standard procedure before parting with any money or personal documents. This mindset shift will transform the youth from passive applicants into informed participants in the labour migration ecosystem. Ultimately, safeguarding Kenya’s young workforce requires a dual approach — strong legal deterrents to punish exploitation, and widespread empowerment to prevent it. When young people know their rights, understand the systems that exist to protect them, and confidently verify the legitimacy of recruiters, fraudulent agencies will lose the secrecy and ignorance they thrive on. Empowerment, therefore, becomes not only a form of protection but also a foundation for dignity, independence, and safe mobility for Kenya’s youth.

CONCLUSION: THE ROLE OF CIVIL SOCIETY AND LOCAL ASSOCIATIONS IN RAISING AWARENESS AND SUPPORTING VICTIMS

Civil society organizations (CSOs) and local associations such as the Nakuru Business Association occupy a unique and powerful position in the fight against exploitative recruitment practices. While government institutions like the National Employment Authority (NEA) and Directorate of Criminal Investigations (DCI) hold the formal mandate to regulate and enforce, civil society and business networks are often closer to the people, more trusted at the community level, and better equipped to raise awareness, build confidence, and offer direct support to victims. First, civil society can play a preventive role by demystifying the recruitment process and providing accessible information to the public. Many young people are unaware of the existence of NEA’s licensing database or do not know how to verify whether an agency is genuine. CSOs can bridge this gap by conducting community forums, school visits, church partnerships, and media campaigns that educate the youth about their rights and the due diligence steps they must take before signing contracts or paying fees. By using language and examples that resonate locally, they can reach audiences government websites often miss — particularly in informal settlements and rural areas. For victims of exploitation especially those who fear reporting powerful recruitment agents :-civil society and associations can offer safe spaces for disclosure and referral. Many victims hesitate to approach police or government officers out of fear of intimidation, stigma, or corruption. Trusted local organizations can provide confidential reporting channels, psychosocial support, and connections to pro bono legal aid or shelters. By working with institutions such as , Haki Africa, or the Kenya National Commission on Human Rights (KNCHR), they can ensure that victims are not only heard but also protected throughout the justice process. Moreover, civil society has the freedom to publicly advocate and push for accountability. They can track cases, demand transparency from enforcement agencies, and publish reports that keep the issue in public view — ensuring that rogue agents, no matter how powerful or connected, cannot operate unchecked. When community organizations speak collectively, they create the kind of social and political pressure that can move even reluctant institutions to act. Finally, collaboration between CSOs, business associations, and government bodies should not be viewed as competition but as complementary layers of protection. Government agencies bring the legal authority, but civil society brings reach, trust, and community connection. Together, they can form an ecosystem of prevention, response, and advocacy that empowers citizens and dismantles the culture of silence and fear around exploitation.