Foreigners risk losing jobs as govt enforces tough work permit law
NGOs Coordination Board Executive Director Fazul Mohamed. The government has directed the board to ensure that expatriates are given work permits only when no Kenyan citizens with comparable skills can be found. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- Kenya accused some expatriates of holding work permits obtained in violation of the law.
- Kenya is following in the footsteps of neighbouring Tanzania, which in January this year introduced tough immigration laws in a move aimed at freeing up jobs for its citizens.
Hundreds of expatriates working in Kenya risk losing their lucrative jobs now that the government has decided to strictly enforce tough laws on work permits.
In a statement, the Ministry of Devolution announced that it would henceforth only issue work permits to expatriates in instances where Kenyans lack the requisite skills and qualifications to undertake such jobs.
In what appears to be a crackdown on foreign organisations blamed for using illegal means to obtain work permits for their employees, the government warned that it would no longer issue work permits to expatriates unless it is demonstrated that there are no Kenyans with the required skills to take up such jobs.
“Take note that the board shall not issue any recommendations unless it is proven and or demonstrated that there are no Kenyans with the skills required available in the job market,” reads the letter, referring to the NGOs Coordination Board, which monitors foreign NGOs operating in the country.
On Tuesday evening, however, NGOs fought back the directive, claiming the government had not consulted them on the matter of regulations.
The National Council of NGOs rejected the new directive on work permits and instead accused the ministry of Devolution of giving the NGOs Coordination Board powers it doesn’t have in law.
“The NGO Coordination Board has no business giving directions and interfering with operations of registered NGOs without due process and consultation,” argued council chairman Samwel Githinji.
“We therefore instruct all registered NGOs, Chairpersons of NGOs, Board Secretaries of NGOs, CEOs, Country Directors, and Head of Human Resources to ignore the referenced circular until and unless structured consultations have taken place.”
The council was created by the law regulating NGOs in the country, some 23 years ago, to help the organisations self-regulate. As such, all registered NGOs in Kenya are members of the council and are required to submit their annual work plan and pay the annual fees at the start of every year.
The government accused foreign NGOs of employing foreigners without valid work permits.
“There are expatriates working in the charity sector without valid work permits in total contravention of the Kenya Citizenship and Immigration Act 2012 and provisions of Section 17 of the NGOs Coordination Act 1990 and Regulation 28 of NGOs regulations of 1992,” the statement stated.
It also accused some expatriates of holding work permits obtained in violation of the law.
BENEFITS
The government further accused the foreign NGOs of paying expatriates up to four times what they pay Kenyan nationals for jobs requiring the same skills and qualifications, besides other benefits.
“International staff earn four times more than what Kenyan nationals earn for the same job with comparable skills and qualifications. In addition, international staff get other benefits that are not available to Kenyan nationals, that is, international staff get an average of 30 days leave, accommodation allowance, health insurance and children’s education paid for by the organisation; these commonly form part of expatriate packages that are not available to local staff,” the government noted.
“A growing trend of career expatriates who have made a habit of hopping from one organisation to the other in exploitation of regulation 28(a),” the statement further noted.
The regulation provides that work permits can only be issued to expatriates who possess skills lacking in the Kenyan job market or who will train Kenyans to acquire such skills.
“Expatriates are often too quick to dismiss dual salary systems as a non issue and the subject of wage disparities as a taboo topic in the charity sector,” the statement stated.
CRACKDOWN IN TANZANIA
The government directed the NGOs Coordination Board, the chief executive officers of NGOs as well as the heads of personnel at NGOs to ensure strict compliance with the law when issuing work permits to expatriates.
They are required to specifically ensure that expatriates are hired only in cases where there are no available Kenyan citizens with comparable skills.
By strictly enforcing the the law on work permits, Kenya is following in the footsteps of neighbouring Tanzania, which in January this year introduced tough immigration laws in a move aimed at freeing up jobs for its citizens.
The government launched a massive crackdown on foreign nationals who did not have work or residence permits, with the immigration department saying that only 680 foreigners possessed valid work permits at the time while only 66 had applied for residence permits.
“The Immigration department through this notice would like to remind all individuals, companies institutions and employers that it is illegal for any foreign citizen to continue working or doing any activity without residence permits...anyone who will go against this law, strict legal action will be taken against them,” the notice warned.
Tanzania's move triggered outrage in Kenya amid complaints that many Kenyans, especially private school teachers, had been deported after authorities failed to renew their permits.
