Justice Makau Proposes Embassy-Based Labour Inspectors for Kenyans Working Overseas
Justice Nzioki Makau has called for stronger safeguards for Kenyans seeking employment abroad, including the deployment of specialised labour inspectors to Kenyan embassies to monitor workers’ welfare and ensure employers honour agreed contracts.
Justice Makau, of the Employment and Labour Relations Court, said Kenya needed to extend labour protections beyond its borders to address exploitation of citizens working overseas. He said labour inspectors, who are traditionally responsible for enforcing labour standards within Kenya, have limited ability to protect workers once they leave the country.
He proposed placing specialised labour inspectors in Kenyan embassies abroad, with authority to conduct welfare checks and verify that employment contracts are being honoured. The system, he said, would help prevent workers from being placed in hazardous or exploitative jobs that differ from the terms they accepted before leaving Kenya.
The issue has become more urgent as more Kenyans accept job offers online and travel abroad on tourist visas. Such departures are often not recorded by the authorities, leaving workers outside official monitoring systems. When the jobs turn out to be trafficking schemes or exploitative arrangements, the government has limited ability to intervene.
Justice Makau warned that social media platforms and digital forums are contributing to an unregulated recruitment market that can expose jobseekers to trafficking and exploitation. He said every Kenyan leaving the country for employment should have a verified and legally binding employment contract.
The National Employment Authority would be responsible for vetting foreign recruitment channels, while Commissioner for Labour Hellen Apiyo would oversee the standardisation of employment contracts. The contracts would be required to clearly state salaries, allowances, overtime arrangements and payment methods.
Justice Makau said this would improve transparency and help prevent wage theft. He also argued that linking overseas employment contracts to Kenyan labour law would allow workers to retain access to statutory protections even when employed outside the country.
“Any person who takes away a Kenyan from his or her comfort zone, and plays any part of transitioning them to an exploitative work environment, is guilty of human trafficking,” Justice Makau said in a recent interview.
He referred to cases in which Kenyans were promised legitimate employment abroad but were instead taken to exploitative compounds, where they were deprived of their freedom and subjected to poor working conditions. Justice Makau’s proposals would formalise labour migration by bringing online recruitment and overseas employment under greater government oversight.
The measures are intended to ensure that Kenyans leaving the country for work do so with verified contracts and access to legal protection. The proposals also seek to balance the right to freedom of movement with the government’s responsibility to protect citizens from exploitation.
