National Employment Authority Act

Section 1. Short title Section This Act may be cited as the National Employment Authority Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Authority" means the National Youth Employment Authority established by section 6 ; "Board" means the Board of the Authority constituted pursuant to section 10 ; "Cabinet Secretary" means the Cabinet Secretary of the Ministry for the time being responsible for matters relating to labour; "contract of service" means an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship, internship and indentured learnership; "disability" means a physical, sensory, mental or other impairment, including any visual, hearing, learning or physical incapability, which impacts adversely on a person's social and economic participation; "employee" means a person employed for wages or a salary and includes an apprentice, intern and indentured learner; "employer" means any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company...

Section 3. Object of the Act Section give effect to Articles 55(c) and 56(c) of the Constitution;

Section 4. Application of the Act Section the national government;

Section 5. Mandatory registration Section In order to facilitate access to employment pursuant to Article 55(c) of the Constitution, a person seeking employment shall register with the Authority in accordance with this Act.

Section 6. Establishment of the Authority Section 6(1) There is established a body to be known as the National Employment Authority. Section 6(2)(a) suing and being sued; Section 6(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 6(2)(c) borrowing money or making investments; Section 6(2)(d) entering into contracts; and Section 6(2)(e) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

Section 7. Headquarters and access to services Section 7(1) The headquarters of the Authority shall be in Nairobi. Section 7(2) The Authority shall ensure reasonable access of its services in all parts of Kenya, so far as it is appropriate to do so having regard to the nature of the service. Section 7(3) Notwithstanding subsections (1) and (2), the Authority shall keep and maintain an up-to-date data system and other service delivery mechanisms that are accessible in all parts of Kenya.

Section 8. Functions of the Authority Section advise on formulation of employment policies and strategies for national and county governments;

Section 9. Powers of the Authority Section advise the Cabinet Secretary on any matter deemed by the Authority to be necessary or expedient to be considered by the State in connection with the provisions of this Act or the application thereof and on any other matter relating to employment which has been referred by the Cabinet Secretary to the Authority for the advice and recommendations of the Authority;

Section 10. The Board of the Authority Section 10(1)(a) a Chairperson appointed by the Cabinet Secretary; Section 10(1)(b) the Principal Secretary of the Ministry for the time being responsible for matters relating to finance or his representative; Section 10(1)(c) the Principal Secretary of the Ministry for the time being responsible for matters relating to labour or his representative; Section 10(1)(d) the Principal Secretary of the Ministry for the time being responsible for foreign affairs or his representative; Section 10(1)(e) the Secretary of the Public Service Commission; Section 10(1)(f) the Secretary of the Commission on University Education; Section 10(1)(g) the Secretary to the Kenya Association of Technical Training Institutions; Section 10(1)(h) a person appointed by the Cabinet Secretary from the largest representative association of employers; Section 10(1)(i) the Director-General, who shall be the secretary; and Section 10(1)(j) two youths, one man and one woman, nominated by the National Youth Council and appointed by the Cabinet Secretary. Section 10(2)(a) is a citizen of Kenya; Section 10(2)(b) meets the requirements of Chapter Six of the Constitution; and Secti...

Section 11. Remuneration of Board members Section Members of the Board shall be paid such remuneration and allowances as the Salaries and Remuneration Commission shall determine.

Section 12. Term of office Section Members of the Board, other than the ex-officio members, shall hold office for a term of three years and shall be eligible for reappointment for one further and final term of three years.

Section 13. Committees of the Board Section 13(1) The Board may establish such committees as may be necessary for the proper discharge of its functions under this Act or any other written law. Section 13(2) The Board may co-opt into the membership of the committees established under subsection (1) any person whose knowledge and expertise may be required.

Section 14. Delegation by the Board Section 14(1) The Authority may, by resolution generally of the Board or in any particular case, delegate in writing, to a committee or any officer, member of staff or agent of the Authority, the exercise of any of the powers or the performance of any of the functions or duties of the Authority under this Act. Section 14(2) A delegation under subsection (1) shall not prevent the Authority from exercising the power in question. Section 14(3)(a) shall be subject to such conditions as the Board may impose; Section 14(3)(b) shall not divest the Authority of the responsibility concerning the exercise of the powers or the performance of the duty delegated; and Section 14(3)(c) may be withdrawn, and any decision made by the person to whom the delegation is made may be withdrawn or varied by the Authority.

Section 15. Conduct of business and affairs of the Board Section 15(1) The conduct of business and affairs of the Board shall be as set out in the Schedule Section 15(2) Except as provided in the Schedule, the Board may regulate its own procedure.

Section 16. Powers of the Cabinet Secretary Section 16(1) The Authority shall operate under the supervision of the Cabinet Secretary. Section 16(2) Where the Authority fails to maintain any prescribed standard in the fulfilment of its functions under this Act, the Cabinet Secretary may give general or special directions to the Authority describing the extent of the failure and stating the steps required to remedy the situation.

Section 17. Director-General Section 17(1) There shall be a Director-General of the Authority who shall be appointed competitively by the Board. Section 17(2)(a) holds a degree from a university recognized in Kenya; Section 17(2)(b) meets the requirements of Chapter Six of the Constitution; Section 17(2)(c) has at least five years experience, two of which shall be in a management level; and Section 17(2)(d) has not attained the age of thirty-five years at the time of appointment. Section 17(3) The Director-General shall hold office for a period of three years, on such terms and conditions of employment as the Board may determine, and shall be eligible for re-appointment. Section 17(4)(a) serious violation of the Constitution or any other law, including a contravention of Chapter Six; Section 17(4)(b) gross misconduct, whether in the performance of the member's or office holder's functions or otherwise; Section 17(4)(c) physical or mental incapacity to perform the functions of office; Section 17(4)(d) incompetence; or Section 17(4)(e) bankruptcy. Section 17(5)(a) sufficient notice of the allegations made against him or her; and Section 17(5)(b) an opportunity to present a defence ag...

Section 18. Staff of the Authority Section 18(1) The Board shall competitively appoint suitably qualified staff as may be necessary for the efficient performance of the functions of the Authority. Section 18(2)(a) afford adequate and equal opportunities for appointment and advancement at all levels, of youth, men and women, members of all ethnic groups, gender and persons with disabilities; Section 18(2)(b) exercise transparency in the recruitment process; Section 18(2)(c) ensure competitive recruitment and selection on the basis of personal integrity, competence and suitability.

Section 19. Terms and conditions of service Section The staff of the Authority shall serve the Authority on such conditions of service as the Board may, in consultation with the Public Service Commission and the Salaries and Remuneration Commission, determine.

Section 20. Registration Section 20(1) A person seeking employment may register with the Authority. Section 20(2) The Authority shall not charge a fee or any form of charges to a Kenyan for registration under this Act.

Section 21. Eligibility for registration Section A person shall be eligible for registration under this Act if the person is a citizen of Kenya or a person who is ordinarily resident in Kenya.

Section 22. Continuous update of data Section It shall be the responsibility of the applicant to continuously update or communicate to the Authority any changes on their bio-data as and when they arise.

Section 23. Factual information to be given Section 23(1) An applicant shall at all times ensure that all information given to the Authority is factual. Section 23(2) The Authority shall not be responsible for false or inaccurate information submitted by an applicant. Section 23(3) An applicant who offers false or inaccurate information to the Authority commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or both.

Section 24. Register Section 24(1) The Authority shall keep and maintain an up-to-date register of all job seekers seeking employment. Section 24(2)(a) particulars of the job seekers seeking employment; Section 24(2)(b) academic qualifications of the job seekers; Section 24(2)(c) work experience, if any, of the job seekers; Section 24(2)(d) contact details of the job seekers; Section 24(2)(e) the county from which the job seekers comes from; Section 24(2)(f) ethnicity and tribe of the job seekers, if known; Section 24(2)(g) details of whether the job seeker is living with any form of disability or challenge; Section 24(2)(h) gender; Section 24(2)(i) area of specialization, interest or qualifications Section 24(2)(j) such other detail as the Authority may consider necessary.

Section 25. Authorization for use of data Section 25(1) The Authority shall seek authorization from each particular job seeker seeking employment to share with prospective employers all or any particular details of the job seeker seeking employment contained in the register. Section 25(2) The consent and authorization obtained under subsection (1) shall be given to the Authority at the registration of the job seeker under section 20 . Section 25(3)(a) securing employment and internship opportunities for the job seeker; and Section 25(3)(b) informing the national government, county governments and the private sector on policies on matters affecting employment. Section 25(4) Where the Authority wishes to use the data for any other purpose other than the purposes authorized under this Act, the Authority shall seek individual consent from the respective or affected job seeker.

Section 26. Protection of information Section 26(1) The Authority shall, at all times, take measures to ensure protection of data in its possession against abuse or any other adverse consequences. Section 26(2) The right to privacy and other constitutional and statutory rights of the persons seeking employment shall not be compromised.

Section 27. Prohibition from unauthorized use of data Section 27(1) The Authority shall not use the data obtained under this Act for any other purpose other than the purpose authorized under this Act. Section 27(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or imprisonment for a term not exceeding three years, or both.

Section 28. Information on vacancies Section 28(1) Whenever a vacancy arises in a public or State office at the national government level, the concerned State office, public office or national entity shall convey details of the vacancy to the Authority. Section 28(2) Whenever a vacancy occurs, the appointing office shall give priority to the job seekers registered by the Authority who possess the qualifications or skills sought. Section 28(3) Where the qualifications or skills sought are not available in the Authority's database, the appointing office shall invite applications from qualified applicants through advertisements. Section 28(4) The Authority shall, immediately upon receipt of the notification under subsection (1), circulate the vacancy information to all job seekers who have subscribed to and registered themselves with the Authority.

Section 29. Private sector etc vacancies Section 29(1) The Authority shall, on its own motion or through other means, establish the vacancies available in the private sector, informal sector or any other sector. Section 29(2)(a) upload such information to its website; and Section 29(2)(b) convey such information to the job seekers with qualifications that fit the specifications and qualifications required by the prospective employers.

Section 30. Applications Section 30(1) A youth registered under this Act may apply directly to a prospective employer. Section 30(2) The Authority may forward applications or details of any qualified candidates to any prospective employer for their consideration and employment of the Kenyans registered under this Act. Section 30(3) A State entity, public office or State office may request for data of qualified youth from the Authority for purposes of considering them for employment. Section 30(4) It shall be the responsibility of the applicant to make and tender their application upon receipt of the notification of a vacancy under this Act.

Section 31. Notification of employment Section 31(1) Upon successful interview and securing of employment by a person registered under this Act, the successful applicant shall communicate the same to the Authority in the prescribed manner. Section 31(2) The Authority shall maintain a record of all successful applicants who have secured employment through the Authority. Section 31(3) The Authority shall update its records accordingly and remove an applicant who obtains employment from the register kept under section 24 .

Section 32. Co-operation with employers Section 32(1) The Authority shall take all steps necessary to foster and maintain a good working relationship and cooperation with all prospective employers including those in the private and informal sectors. Section 32(2) The Authority shall take measures necessary to ensure that demands of the sectors referred to in subsection (1) are addressed to the greatest extent possible.

Section 33. Authority to undertake due diligence Section 33(1) The Authority shall, on its own motion, or using other state machineries, undertake due diligence on private companies seeking its services under this Act. Section 33(2) The Authority shall not partner with any prospective employer where the Authority or any national security organ has, upon due diligence, established possible employment malpractices or violation of laws of Kenya. Section 33(3) Notwithstanding subsection (1) and (2), the Authority shall take necessary measures to ensure that the youth are not denied access to employment unreasonably.

Section 42. Annual reports Section 42(1) At the end of each financial year or upon request by the Cabinet Secretary, the Authority shall submit an annual report on the discharge of its functions under this Act or any other written law. Section 42(2)(a) number of youth registered in the period under review; Section 42(2)(b) number of youth who have secured employment during the period under review; Section 42(2)(c) any impediment encountered in the discharge of the functions of the Authority; Section 42(2)(d) any policy matters that the Authority may require to be addressed by the Cabinet Secretary, national or county governments; Section 42(2)(e) any other matter pertinent to the discharge of its functions under this Act. Section 42(3) An annual report referred to under this section shall be published and publicized.

Section 43. Offences Section A person who contravenes any provision of this Act to which no penalty has been prescribed commits an offence and shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings in the case of a natural person, and two million shillings in the case of a firm or body corporate, or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment.

Section 44. Regulations Section 44(1) The Cabinet Secretary may, in consultation with the Authority, make regulations for the better carrying into effect the provisions of this Act Section 44(2)(a) the authority of the Cabinet Secretary to make regulations under this Act shall be limited to bringing into effect the provisions of this Act and for the fulfillment of the objectives of this Act; Section 44(2)(b) the principles and standards applicable to the regulations made under this section are those set out in the Interpretation and General Provisions Act ( Cap. 2 ) and the Statutory Instruments Act (Cap. 2A).

Section 45. Transitional and savings provisions Section 45(1) Upon the commencement of this Act, the functions that were immediately before the commencement of this Act being undertaken by the National Employment Bureau within the Ministry responsible for labour shall be transferred to the Authority. Section 45(2) All property, assets, rights, powers, liabilities and duties, whether arising under any written law or otherwise, which immediately before the commencement of this Act were vested in, imposed on or enforced against the Government in respect of the National Employment Bureau shall, on the commencement of this Act, be transferred to, vested in, imposed on or be enforceable against the Authority. Section 45(3) The lawful directions, orders, rules, authorizations and other things published, made, given or done by the National Employment Bureau relating to its functions subsisting at the commencement of this Act shall be deemed to have been published, given, made or done by the Authority. Section 45(4) Any legal act or thing done or purported to be done, or any act or thing omitted to be done on behalf of, or in the name of the National Employment Bureau that relates to its fu...

Section 34. Facilitation of training Section The Authority shall, through community initiative and similar fora, facilitate training on any matter relating to employment to Kenyans seeking employment.

Section 35. Counselling Section 35(1) The Authority shall provide counselling services to Kenyans seeking employment on general matters relating to employment, including career progression, choice of careers, among others. Section 35(2) The Authority may offer such counselling in its offices, at institutions of higher learning, schools and other fora, to educate and disseminate information with regard to trends of employment and other factors that influence the labour market.

Section 36. Placement for internship Section 36(1) The Authority shall facilitate placement of students at tertiary institutions in positions of internship or attachment during and after completion of their study. Section 36(2) The Authority shall, during or after successful completion of a person's undergraduate, diploma or certificate studies, make efforts to find paid internship for that person in a Government institution or any other sector, as the person seeks employment individually or through the Authority. Section 36(3) A student at a tertiary institution or institution of higher learning who wishes to be placed on internship or attachment by the Authority shall furnish the Authority, in a manner provided by the Authority, with personal and academic details to facilitate such placement. Section 36(4)(a) all students seeking internship or attachment; and Section 36(4)(b) all students who successfully attain positions of internship or attachment. Section 36(5) The Authority shall monitor all placements to ensure that persons on attachment or internship are not exploited or their rights violated by any employer or institution in which they are undertaking an internship or atta...

Section 37. Encouragement to employ Kenyans Section 37(1) The State shall, through the Authority, encourage private and public institutions to employ Kenyans in all positions, including positions of leadership and management. Section 37(2) The State shall come up with incentives to reward any private institution that employs Kenyans within six months of completion of their certificate or undergraduate studies, and who do not possess more than five years work experience. Section 37(3) The Government shall take affirmative action measures and actions designed to promote the employment of Kenyans in management and other levels of employment regardless of their years of experience.

Section 38. Funds of the Authority Section 38(1)(a) such funds as may be appropriated by the National Assembly for purposes of the Authority; Section 38(1)(b) such moneys or assets as may accrue to or vest in the Authority in the course of the exercise of its powers or the performance of its functions under this Act of any other written law; and Section 38(1)(c) all moneys from any other source provided for, donated or lent to the Authority. Section 38(2) Notwithstanding subsection (1)(c), the Authority shall not accept funds, gifts or other donations from any person it regulates. Section 38(3) Any moneys donated to the Authority shall be declared at the end of each financial year. Section 38(4) There shall be paid out of the funds of the Authority all sums required to defray the expenditure incurred by the Authority in the exercise of its powers and the performance of its functions under this Act.

Section 39. Financial year Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth day of June in each year.

Section 40. Annual estimates Section 40(1) At least three months before the commencement of each financial year, the Authority shall cause to be prepared estimates of revenue and expenditure of the Authority for that year. Section 40(2)(a) the payment of salaries, allowances, pensions, gratuities and other charges in respect of the staff of the Authority; Section 40(2)(b) the proper maintenance of the buildings and grounds of the Authority; Section 40(2)(c) the maintenance, repair and replacement of the equipment and other property of the Authority; Section 40(2)(d) the creation of such reserve funds as the Authority may consider appropriate to meet the recurrent expenditure and contingent liabilities of the Authority. Section 40(3) The annual estimates shall be approved by the Authority before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval with the concurrence of the Treasury, and thereafter the Authority shall not increase the annual estimates without the consent of the Cabinet Secretary.

Section 41. Accounts and audit Section 41(1) The Authority shall cause to be kept all proper books and other records of accounts of the income, expenditure, assets and liabilities of the Authority. Section 41(2) The accounts of the Authority shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).