The Employment Amendment Act 2022 - as Plain Text by MWakili

NATIONAL COUNCIL FOR LAW REPORTING LIBRARY SPECIAL ISSUE Kenya Gazette Supplement No.

62 (Acts No.

15) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2022 NAIROBI, 8th April, 2022 CONTENT Act PAGE The Employment (Amendment) Act, 2022 157 RT LAW NATIONAL C UN 22 APR 21,144 P.

O.

box 1,443 NAIROE31, KENYA TEL: 2719231 FAX: 2712694 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 157 THE EMPLOYMENT (AMENDMENT) ACT No.

15 of 2022 Date of Assent: 4th April, 2022 Date of Commencement: 22nd April, 2022 AN ACT of Parliament to amend the Employment Act ENACTED by the Parliament of Kenya, as follows- 1.

Short title.

This Act may be cited as the Employment (Amendment) Act, 2022.

2.

Amendment of Section 9 of the Employment Act is amended by Section 9 of No.

inserting the following new subsections immediately after 11 of 2007.

subsection (4) (5) In respect of recruitment, an employer shall not require an employee to submit any clearance or compliance certificate unless such employer intends to enter into a contract of service with the employee: Provided that an applicant for a state office shall provide compliance or clearance certificates at such times in the recruitment or approval process as they may be required.

(6) An employer who intends to enter into a written contract of service may, in compliance with chapter six of the Constitution, request an employee to submit mandatory clearance certificates from the relevant entities.

(7) Notwithstanding subsection (6), an employer may, where an employee does not satisfy the requirements under subsection (6), withdraw an offer of contract of service.

(8) A relevant public entity shall (a) not charge a fee for the issuance of a clearance or compliance certificate under this section or any other written law; (b) issue an applicant with the clearance or compliance certificate or reject the application within seven days of receipt of the application.

158 Employment (Amendment) 2022 No.

15 (9) For the purposes of this section (a) "employee" includes an applicant for employment; (b) "employer" includes an employment agency; (c) "relevant entity" includes any public or private entity that issues clearance certificates for purposes of satisfying the requirements under chapter six of the Constitution.

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