Major gaps in Kenya’s labour migration system continue to expose thousands of vulnerable migrant workers to exploitation abroad despite government efforts to expand overseas jobs opportunities, a new study has found.
The report by the International Labour Organization reveals systemic weaknesses in recruitment oversight, enforcement of labour agreements and protection mechanisms for Kenyans working overseas.
These are issues that have long been associated with the abuse of domestic workers in the Middle East and, more recently, emerging recruitment scandals involving Kenyans in Southeast Asia and Russia.
The report, Enhancing Labour Migration Governance in Kenya, comes at a time when labour export has become a key pillar of the Kenya Kwanza administration’s economic strategy through the Kazi Majuu programme under the Ministry of Labour and the State Department for Diaspora Affairs.
According to the report, exploitation by rogue recruitment agencies remains one of the most significant risks facing Kenyan migrant workers.
“Challenges persist, including exploitation of workers by rogue recruitment agencies,” the report notes, adding that some agencies fail to disclose contract terms, charge illegal fees and do not guarantee fair wages or safe working conditions.
The study also found that many workers leave the country with limited information about their jobs or rights, making them more vulnerable to abuse once they arrive in destination countries.
“Migrant workers often report unfair treatment, exploitation, and lack of adequate information about their employment contracts,” the report says, pointing to weak monitoring of recruitment agencies despite licensing requirements.
These gaps mirror long-standing concerns raised by rights groups about Kenyan domestic workers in Gulf countries such as Saudi Arabia, Qatar, UAE, Bahrain and Oman, where cases of unpaid wages, harsh working conditions and abuse have repeatedly surfaced.
Workers have also reported abuses in Lebanon. Just six months ago, Irene Wanjiru was desperately seeking help to return home after her employer threw her out without paying her salary.
Another domestic worker identified as Esther Wairimu was rescued by the Diaspora Affairs department and repatriated back to the country in January 2023.
The report warns that enforcement challenges within Kenya’s migration governance system are allowing rogue agencies to continue operating.
“While the National Employment Authority oversees registration and licensing, there are gaps in monitoring and enforcement of compliance,” it states.
Labour migration has increasingly become central to Kenya’s economic policy, with the government pushing for more bilateral labour agreements and recruitment drives to create employment opportunities abroad.
Remittances from Kenyans working overseas have become a key source of foreign exchange and household income, helping to reduce poverty and support local economies.
However, the report cautions that the rapid expansion of labour export must be matched with stronger safeguards.
It notes that the current system remains fragmented, with weak coordination between agencies and inadequate data on the number of migrant workers and their destinations.
The lack of reliable migration data makes it difficult to track workers and respond quickly when problems arise.
The report also highlights the absence of a comprehensive framework for social security portability, leaving many Kenyan workers without protection if they lose their jobs or are injured while abroad.
“Currently, no comprehensive framework exists for the portability of social security for Kenyan workers abroad,” the report says, warning that this exposes them to exploitation and economic insecurity.
Recent incidents involving Kenyans recruited into scam operations in Southeast Asia and others reportedly lured to Russia with promises of employment only to end up on the battlefield in Ukraine have raised fresh concerns about oversight of international recruitment.
Although these cases fall outside the traditional labour migration routes, experts say they highlight broader vulnerabilities within the recruitment ecosystem.
The ILO report identifies several legal and policy gaps that could be addressed to strengthen protection for migrant workers.
Among them is Kenya’s failure to ratify key international instruments designed to regulate recruitment agencies and protect migrant workers.
One of these is the ILO Private Employment Agencies Convention (No. 181), which would establish stronger standards for regulating recruitment firms and preventing abusive practices.
The report notes that the convention has not been ratified, leaving a regulatory gap in oversight of private employment agencies that play a critical role in labour migration.
Kenya has also not ratified the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which would provide broader protections for migrant workers and their families.
The report recommends that the country ratify both instruments to align with international labour and human rights standards.
“Kenya should ratify ILO Convention No. 181 and the UN International Convention on Migrant Workers to enhance protections for migrant workers, especially in the recruitment process and the recognition of migrant families’ rights,” it says.
In addition, the study highlights weaknesses in the implementation of bilateral labour agreements, which are meant to safeguard workers in destination countries.
Limited agreements and weak enforcement of existing ones have made it harder to monitor working conditions abroad.
The report also points to insufficient pre-departure training for migrant workers, saying many leave the country without adequate preparation about their rights, working conditions and cultural environment.
This lack of preparation often contributes to difficulties adapting abroad and increases vulnerability to abuse.
Beyond recruitment challenges, the study found that many returning migrant workers struggle to reintegrate into the local economy due to the lack of systems to recognize their skills or support their transition back home.
Despite the risks, the report acknowledges that labour migration remains a significant economic opportunity for Kenya, offering employment prospects, skills development and remittance inflows.
But it warns that without stronger governance, the benefits of migration could be overshadowed by rising cases of exploitation.
“Labour migration continues to influence Kenya’s economic, social and political landscape,” the report notes.
