Related documents
- Is amended by 24th Annual Supplement
LAWS OF KENYA
NATIONAL EMPLOYMENT AUTHORITY ACT
CAP. 227
- Published in Kenya Gazette Vol. CXVIII—No. 38 on 15 April 2016
- Assented to on 1 April 2016
- Commenced on 21 April 2016
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the National Employment Authority Act.2. Interpretation
In this Act, unless the context otherwise requires—"Authority" means the National Youth Employment Authority established by section 6;"Board" means the Board of the Authority constituted pursuant to section 10;"Cabinet Secretary" means the Cabinet Secretary of the Ministry for the time being responsible for matters relating to labour;"contract of service" means an agreement, whether oral or in writing, and whether expressed or implied, to employ or to serve as an employee for a period of time, and includes a contract of apprenticeship, internship and indentured learnership;"disability" means a physical, sensory, mental or other impairment, including any visual, hearing, learning or physical incapability, which impacts adversely on a person's social and economic participation;"employee" means a person employed for wages or a salary and includes an apprentice, intern and indentured learner;"employer" means any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company;"job seeker" means a person who is seeking for employment;"Kenyan" means a citizen of Kenya as defined in the Constitution;"register" mean a register maintained by the Authority under section 24; and"youth" has the meaning assigned to it in Article 260 of the Constitution.3. Object of the Act
The object and purpose of this Act is to—4. Application of the Act
This Act applies to—5. Mandatory registration
In order to facilitate access to employment pursuant to Article 55(c) of the Constitution, a person seeking employment shall register with the Authority in accordance with this Act.Part II – ESTABLISHMENT AND COMPOSITION OF THE AUTHORITY
6. Establishment of the Authority
7. Headquarters and access to services
8. Functions of the Authority
The functions of the Authority shall be to—9. Powers of the Authority
The Authority shall have powers for the purpose of carrying out its functions to perform such acts as may be authorized by this Act or any other written law and in particular—10. The Board of the Authority
11. Remuneration of Board members
Members of the Board shall be paid such remuneration and allowances as the Salaries and Remuneration Commission shall determine.12. Term of office
Members of the Board, other than the ex-officio members, shall hold office for a term of three years and shall be eligible for reappointment for one further and final term of three years.13. Committees of the Board
14. Delegation by the Board
15. Conduct of business and affairs of the Board
16. Powers of the Cabinet Secretary
17. Director-General
18. Staff of the Authority
19. Terms and conditions of service
The staff of the Authority shall serve the Authority on such conditions of service as the Board may, in consultation with the Public Service Commission and the Salaries and Remuneration Commission, determine.Part III – REGISTRATION
20. Registration
21. Eligibility for registration
A person shall be eligible for registration under this Act if the person is a citizen of Kenya or a person who is ordinarily resident in Kenya.22. Continuous update of data
It shall be the responsibility of the applicant to continuously update or communicate to the Authority any changes on their bio-data as and when they arise.23. Factual information to be given
24. Register
25. Authorization for use of data
26. Protection of information
27. Prohibition from unauthorized use of data
28. Information on vacancies
29. Private sector etc vacancies
30. Applications
31. Notification of employment
Part IV – PROVISIONS ON DUE DILIGENCE AND COOPERATION
32. Co-operation with employers
33. Authority to undertake due diligence
Part V – PROVISIONS ON TRAINING, COUNSELLING, ETC
34. Facilitation of training
The Authority shall, through community initiative and similar fora, facilitate training on any matter relating to employment to Kenyans seeking employment.35. Counselling
Part VI – INTERNSHIPS
36. Placement for internship
Part VII – AFFIRMATIVE ACTION
37. Encouragement to employ Kenyans
Part VIII – FINANCIAL PROVISIONS
38. Funds of the Authority
39. Financial year
The financial year of the Authority shall be the period of twelve months ending on the thirtieth day of June in each year.40. Annual estimates
41. Accounts and audit
Part IX – MISCELLANEOUS PROVISIONS
42. Annual reports
43. Offences
A person who contravenes any provision of this Act to which no penalty has been prescribed commits an offence and shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings in the case of a natural person, and two million shillings in the case of a firm or body corporate, or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment.44. Regulations
45. Transitional and savings provisions
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
21 April 2016
Commenced
15 April 2016
01 April 2016
Assented to
Cited documents 0
Documents citing this one 60
Judgment 46
Gazette 8
Bill 5
Legal Notice 1
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