Employers Barred From Demanding HELB, CRB Clearance

Written By Gerald Gekara  📝

On Wednesday, MPs approved a bill that prohibits employers from obtaining clearance certificates from people they do not intend to hire. 

The Employment (Amendment) Bill (No79) of 2019, proposed by Nominated MP Gideon Keter, was passed by lawmakers. 

After making an offer of employment, the proposed law requires a company to conduct background checks on prospective employees. 

People applying for jobs, particularly in government institutions, are often needed to present clearance notifications from the Ethics and Anti-Corruption Commission (EACC), Higher Education Loans Board, Credit Reference Bureau, Kenya Revenue Authority, and Directorate of Criminal Investigation. 

Keter introduced the bill on the basis that the majority of the unemployed are under the age of 35 and hence unable to afford clearing certificates.

Job seekers must pay more than Sh5,000 for clearance certifications required in job opportunities.

The focus now shifts to President Uhuru Kenyatta, who is anticipated to sign the new measure into law. 

An employer may not compel an employee for a contract of service to provide any clearance certificates for which payment is necessary during the recruitment process. 

Only if the employer wants to enter into a written service contract with the employee would this be the case.

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