Registering a Private Recruitment Agency

Private recruitment agencies are regulated by the National Employment Authority (NEA), which oversees their operations and ensures compliance with labor laws and industry standards.

These agency offer a wide range of services:

• Registering and regulating private employment agencies.
• Providing information on registered employment agencies.
• Inspection of private employment agencies to ensure compliance.
• Facilitating the placement of job seekers in international jobs.
• Ensuring implementation of pre-departure training.
• Verifying foreign job offers.
• Verifying availability, terms and conditions of the jobs advertised.
• Investigating Contract breaches and issues that are likely to interfere or terminate employment contract.
• Promoting and protecting of Kenyan labour Migrants and their welfare.
• Collecting labour market information and maintaining data base of Kenyan nationals working in other Countries.

To register as a Private Employment Agency to recruit Kenyans to work locally or abroad, the following key requirements must be fulfilled:

1. Company Registration: The company must be duly registered as a corporation under the Companies Act and fully owned by Kenyan citizens.
2. Directors' Academic Qualifications: The directors must have attained at least an O-level certificate (K.C.S.E) or equivalent, certified by the Ministry of Education.
3. Qualified Company Manager: The manager must hold a degree in a business-related field from a recognized Kenyan university and have at least 3 years of relevant experience, with the certificate certified by the Ministry of Education.
4. Minimum Share Capital: The company must have a minimum paid-up share capital of Kenya Shillings 5,000,000.
5. County Business Permit: The company must be licensed to operate within the intended county.
6. Physical Office: The company must have a registered, fully equipped physical office covering at least 225 square feet, with a lease or tenancy agreement authenticated by a commissioner for oaths.
7. Tax Compliance: The agency must have a tax compliance certificate from the Kenya Revenue Authority.
8. Guarantee: A guarantee of Kenya Shillings five hundred thousand must be executed with a reputable bank or insurance agency in Kenya, to be used for repatriation, wage payments, and other entitlements in case of default.
9. Directors' Police Clearance: All directors must have a valid Police Clearance Certificate from the Directorate of Criminal Investigations, renewed annually.
10. Association Membership: The company must join an association of private employment agencies recognized by the Director of Employment upon approval of registration.
11. Performance Bond: A security bond of 1.5 million shillings must be executed with a reputable bank or insurance company upon upon approval of registration.
12. Code of Conduct: The company upon registration must commit to observing the provisions of the existing code of conduct for recruitment agencies upon registration.

The application process for registering as a private Employment Agency involves submitting the following documentation:

1. An application letter on the company's official letterhead.
2. Company certificate of Incorporation as a Limited Liability Company.
3. Company Articles and Memorandum of Association.
4. Company CR12 for the current year, indicating the list of directors, shareholders, and a minimum share capital of Ksh. 5,000,000 (Five Million).
5.  A copy of the county Government License(s).
6. Company Tax compliance certificate for the current year.
7. Office Lease/Tenancy Agreement authenticated by a commissioner for oaths for a registered and fully equipped physical office covering not less than 225 square feet.
8. Director(s) must provide ID card(s), passport size photos, police clearance certificate, work permit (for foreign directors), and certified academic certificates.
9. The company's manager must possess a certified degree in a business-related field and provide an appointment letter, terms of employment, Passport Photo, and ID copy.

An applicant seeking registration to operate a private employment agency is required to submit an online application through the National Employment Authority Integrated Management System (NEAIMS) portal.

NEAIMS offers the following services:-

• Registration of Private Recruitment Agencies (PRAs).
• Registration of job seekers.
• Registration of employers.
• Emergency distress reporting for migrant workers.
• Linking job seekers and employers.
• Providing information on registered private recruitment agencies.

READ MORE: How to Register a Recruitment Agency on Neaims Portal

After submitting documents on the NEAMIS Portal, registration undergoes vetting and verification to ensure compliance. Private employment agency registration requires vetting of all directors and managers before approval.

Registration is approved after receiving vetting reports from the National Intelligence Service and National Employment Authority.

Once the vetting committee confirms compliance with all registration requirements, the following are submitted to issue the registration certificate:

• Payment of the full registration fee.
• Membership from a recognized association of private employment agencies.
• Execution of a Kenya Shillings 1.5 million Security Bond with a bank or insurance firm (for agencies engaging in foreign recruitment).

A registration certificate issued is valid for a period of one year from the date of issuance. The renewal is done one month before the expiry of the certificate.

NEAIMS Portal

 How to Register a Recruitment Agency on Neaims Portal