In this article, we have outlined our regular round-up of employment legislation updates which are important for employers and employees to consider.

1. Flexibility in background checks – Employment (Amendment) Act, 2022

The President has signed into law the Employment (Amendment) Act, 2022 (the Amendment Act) sponsored by Nominated Member of Parliament, Hon. Gideon Keter.

The Amendment Act has amended section 9 of the Employment Act, 2007 (the Employment Act) and some of its salient features include:

• an employer is required to request the relevant compliance and clearance certificates from prospective employees only upon granting them an offer of employment. In most instances, compliance and clearance certificates are usually required from the Kenya Revenue Authority (KRA), the Higher Education Loans Board (HELB), the Directorate of Criminal Investigation (DCI), the Credit Reference Bureau (CRB), and the Ethics and Anti-Corruption Commission (EACC);
• an employer is allowed to rescind an offer of employment where the prospective employee:
  • cannot provide the necessary clearance or compliance certificates; or
  • after providing the necessary certificates, is unable to satisfy the mandatory clearance requirements.

We note that background checks are a key component of the hiring process as they assist employers in deciding if an individual is the right person for the job. The above changes will necessitate employers changing their recruitment processes and, in particular,...

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