The Employment (Amendment) Bill, 2023, currently before Kenya's Parliament, proposes enhanced protections for civil servants facing transfers. If enacted, the law would mandate adequate notice periods, advance relocation payments, and clear explanations for transfers.

Sponsored by Kimilili MP Didmus Barasa, the bill passed its second reading on August 12, 2026, and now moves to the Committee of the Whole House for further review and potential amendments.

Key Provisions in the Bill

  • Preparation Time: Employers must provide sufficient notice to allow employees to arrange housing, schooling, and family matters before relocating.
  • Advance Payments: Civil servants would receive relocation funds upfront to ease financial burdens related to moving.
  • Fair Transfer Practices: Transfers must be carried out in good faith, based on legitimate operational needs, not as punitive measures.
  • Reasoning and Impact: Employers are required to explain the reasons for transfers and how they affect employees’ contracts, careers, and families.
  • Protection for Vulnerable Employees: Special consideration is mandated for employees with medical conditions, pregnant workers, or those nearing retirement.
  • Family Considerations: Transfers should minimize disruption to family life, and requests to move closer to family must be respected when justified.
  • Disciplinary Proceedings: Employees undergoing disciplinary processes cannot be transferred until the cases and appeals are resolved, though disciplinary actions may continue.
  • Career Continuity: Transfers will not interrupt the continuity of service or alter employment contracts unless mutually agreed.

Lawmakers’ Perspectives

MP Owen Baya emphasized that transfers should enhance institutional efficiency and employee skills deployment rather than serve as punishment. He highlighted cases where pregnant and sick employees were transferred without adequate care considerations, calling for an end to such practices.

Marsabit Woman Representative Naomi Wako noted that denying transfer requests to join family members has negatively impacted social and family structures, urging respect for employees’ family needs.

Next Steps

The bill awaits further parliamentary scrutiny before becoming law. If approved, it promises greater fairness and predictability for civil servants facing transfers, addressing long-standing concerns over abrupt relocations and their effects on workers’ welfare and careers.