Employers
Employers who wish to engage Foreign Nationals for paid or unpaid Employments must ensure they obtain a Special Pass allowing them to undertake employment temporarily or if they wish to engage the Foreign National for long term period they must obtain the relevant Work Permit in the relevant category.
6.1 DUTIES AND OBLIGATIONS TO EMPLOYERS
Employers are required by Law to make due diligence confirming that Employees working in their premises have the relevant documents enabling them to work in Kenya.
Any person who is not a Citizen or a Lawful Permanent Resident of Kenya will need a Permit to work, to prove eligibility to work in Kenya.
It is the responsibility of both the applicant and the employer to show their Employment status in Kenya.
Employees are required to prove that they are authorized to work in Kenya, and employers are required to verify the identity and eligibility for all new workers prior to engaging them.
6.2 PENALTY
Where an applicant or Employer, engages in Employment, Occupation, Trade, Business or Profession whether for profit or not or where an employer employs a person without a work permit or where an employer smuggles in Foreign Nationals
If convicted of the above offences, the person will be liable to a ne not exceeding Ksh 500,000 or to imprisonment for a term not exceeding 3 years or both.36
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