Migrant Labour Agencies Up in Arms Over Employment Authority Inaction on ASMAK

The migrant labour agents want the DCI sleuths to investigate alleged misappropriation of ASMAK members funds.
They claim ASMAK charges fee prohibited by the Saudi Arabia Embassy for Kenyan migrant workers

Migrant employment agents umbrella organisation, Association of Skilled Migrant Agencies of Kenya (ASMAK) faces possible disbandment over allegations of mismanagement and financial impropriety.

The Association of Skilled Manpower Agencies of Kenya is also accused of not holding its annual general meeting (AGM) since 2022, to elect a new executive committee, which runs ASMAK affairs.

ASMAK members have placed on spot the Director General of National Employment Authority (NEA), which regulates migrant labour agencies, the Registrar of Societies and the association’s chairman, Mr Francis Wahome for their acts of commission or omission.

Documents seen by The Times indicate the agents also want the Directorate of Criminal Investigations to move in and probe misappropriation of the association’s funds by ASMAK officials, who they claim are in office illegally.

“Election has not been held to choose new officials in compliance with our rules but we have officials who do not want to be questioned on accountability and use of members funds”, ASMAK member say in a letter to the DCI.

In the letter by M/s Competitive Manpower International Limited, ASMAK agents want detectives to investigate money that was allegedly spent by officials during a visit to the Office of the Deputy President.

They are also questioning money that was allegedly spent illegally and disguised as aid to vulnerable groups of people during drought in 2023.

The letter further claims the officials spent money on a trip to Kampala between 18 and 21 September, 2022 while it was sponsored by the hosts.

Mounting concerns by the stakeholders reveal lack of synergy between NEA and the Registrar of Societies on supervision of ASMAK, coupled with the absence of a clear government policy framework.

The private agencies which recruit Kenyans for overseas employment have called on the National Employment Authority and the Registrar of Societies to streamline ASMAK operations or disband the association, due to alleged malpractices.

ASMAK is an umbrella association of private employment agents licensed and accredited by the government, with a membership of about 493 agencies. We reportedly have up to 800 private employment agencies in Kenya.

Effort to get comments from the Director General of NEA, Ms Edith Okoki and ASMAK chairman, Mr Wahome were futile as they did not respond to our enquiry messages.

The recruitment agencies source employment opportunities for Kenyan migrant workers mainly in countries within the Gulf region – including Saudi Arabia, Qatar, Bahrain, Oman, Iraq, Kuwait, the United Arab Emirates and also in European countries.

Through a letter by M/s Competitive Manpower International Limited (CMIL), a recruitment agency and member of ASMAK, to the Registrar of Societies, the private employment recruiting agencies are now seeking government intervention to streamline ASMAK operations or disband it.

Mr Moses Adala, the chief executive officer of Competitive Manpower International Limited states in the letter dated June 26, 2024, that vital activities of the labour recruitment agencies have been grossly affected by irregularities in their umbrella association – ASMAK.

Mr Adala, who also runs a recruitment agency in Kampala, Uganda says the malpractices were causing the government to lose revenue due to the fee ASMAK charges agents submitting travel documents for the migrants.

“Since the fee we pay to ASMAK while submitting travel documents is not receipted, we find it challenging as agencies to declare the money in our annual tax returns”, says Adala.

According to Mr Adala, recruitment agents pay ASMAK Kshs.500 on each travel document submitted to the Consular section of the Embassy of Saudi Arabia for the thousands of migrant workers going abroad.

However, he says ASMAK charges the fee in contravention of a circular issued by the Saudi Arabia Embassy Consulate to all migrant employment agencies, indicating they should not be charged any submission fee for travel documents.

The circular dated November 29, 2024 requires all the agencies to make their travel submissions for migrant workers through ASMAK, without paying extra charges as fee.

“Despite the direction given to you by the Embassy, you are collecting this money illegally and to avoid any evidence of extortion from members, you decided not to issue receipts or anything that would show proof of payment”, says Mr Adala in a letter to ASMAK chairman.

A letter to the Registrar of Societies says ASMAK called elections in 2022 and in March 2024 but both were nullified by NEA for failure to meet the requisite two thirds membership threshold during an AGM as per requirements by the Registrar of Societies and their constitution.

Consequently, ASMAK members have threatened to seek legal address in court, if the Registrar of Societies fails to act on their concerns.

“We seek your audience on these issues to avoid further escalation of the matter into the corridors of justice should the association not be checked”, says the letter.

Mr Adala notes that the Registrar of Societies stands to be sued jointly with ASMAK, for having registered the association and allowed it operate in contravention of the constitution of Kenya.