This blog has extensively covered issues of flouting of the immigration and labor laws by foreign firms.
Foreigners set up shop here and all government officials do is to ask for bribes and turn a blind eye on the mistreatment of locals.
For those who have followed, it should be common knowledge by now that, a foreign worker is allowed a maximum of 2 years to come do work that no other Kenyan is qualified in. Within those two years, the foreigner is supposed to train a Kenyan to his/her level. Failure to which, the foreigner is allowed additional limited time to do so.
In Kenya, some foreign expats spend years, bribe the immigration department with millions of Shillings and in time this law is forgotten.
These has led to labor laws being flouted. Kenyans workers who refuse these bullshit can’t even get reprieve in courts or law.
Government crackdown, that foreign firms should have 35 percent local ownership or that they be re-registered, is just lip service. It becomes an avenue for more bribe taking.
Some brave staff of Proto Energy refuse to succumb to cynicism and doubt and wrote the below letter addressed to the Immigration department boss.
Every Kenyan must read the letter below and remember the words of Article 37 of our great constitution.
Under Article 37 of Kenya’s 2010 Constitution: Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.
15th October 2021 The Ministry of Interior and Coordination of National Government Department of Immigration Services Nyayo House 20th floor, Kenyatta Avenue/Uhuru Highway P.O Box 30395 — 00100 Nairobi.
Re: MISUSE OF CLASS D WORK PERMIT IMPOVERISHING AFFECTED KENYANS
Reference is made to thousands of Kenyans who are heavily affected by the increased influx of foreigners in the country under class D work permits. These foreigners have been taking jobs away from Kenyans who are more qualified, skilled, and well trained.
Every year, thousands and thousands of Kenyan graduates are rendered unemployed because of a lack of local job opportunities but unfortunately, the office of immigration has made it easier for some companies bringing in foreigners to do jobs that can easily be done or were done by Kenyans hence rendering tens of Kenyans jobless for every foreigner with similar qualification working in Kenya.
It is with utmost sadness that other countries like the UK, the Republic of China even our neighbouring country Tanzania do not condone this kind of malpractices as they protect their citizens first but unfortunately in Kenya, this is the reverse. It is for this reason and more that as a concerned Kenyan decided to write to you requesting justice for affected Kenyans.
There are so many Kenyans impoverished by this, and it is within your power to give them what is theirs in their motherland so they can live a better life, reap the rewards of being a Kenyan and feed their family. I believe there are hundreds of companies in Kenya where Kenyans are affected by the increased influx of foreign nationals working in the country.
I would start by mentioning one local company whose products are bought by Kenyans. This company is called Proto Energy whose growth was been made possible by Kenyans but now the company has tens of foreigners working there.
The roles occupied by these foreigners were been done or can be done by a qualified Kenyan who is out there tarmacking without a job. In addition, thu process used to get these foreigners is questionable as well since there is no evidence to show that the organization failed to fill the vacancy from the local market.
The qualifications of most of these foreigners are not at the level of a Kenyan occupying a similar role. The understudies mentioned in their work permit application are not assure that their documents such as certificates, national I.D were used to process these work permits.
Some of the understudies are no longer working for the company. Some understudies were terminated in controversial circumstances to accommodate foreigners who are currently doing a role previously occupied by a Kenyan. And those understudies who are still working in the company, have never been trained or be under any understudy training program or work under any of the said foreigners and if any, most of these understudies are more qualified than the foreigners.
All the above goes against the government policy and law of the land, but these foreigners are still in the country enjoying and frustrating other Kenyans, unfortunately, a Kenyan cannot get similar treatment in countries of origin for these foreigners. I am therefore requesting your office to action justice for Kenyans against the foreign nationals who are not here by merit and credibility by revoking their work permits and deporting them for
1. Attaching Kenyans’ personal documents (CV, Certificates & Nation 1.0) as understudy without notifying or seeking approval from the Kenyan (see attached).
2. No evidence of training or subjecting the understudy to any training program for the Period the foreigners have been in the country.
3. Me organization has no evidence to show it failed to fill the vacancy from the local market as these roles were not publicly advertised. There is no record to show the vacancy occupied by these foreigners was broadcasted within the company or any media print.
4. The foreigners whose qualifications are less than that of the understudy and are occupying roles that can easily be done by a Kenyan e.g a Project Foreman role is occupied by a foreigner called laved Malek whose level of education is less than that of his understudy (see attached).
5. The foreigners who are still in the country in the same company but their understudy left the company but the foreigner is staying in the country beyond the date of which the understudy left the company e.g Jamie Laurenciano is still working in, the same company but his understudy left the company.
6. Some of the foreigners are frustrating Kenyans and creating a poor working environment for Kenyan citizens, compromising the personal and professional growth of these Kenyans. Example Shrikant Vaidya and Amanda Donahue have been frustrating Kenyans by forcing them out of the company at the expense of the foreigners who take up roles previously done by these Kenyans.
7. Discrimination and unfairly renumerating these foreigners more money than a more qualified Kenyan occupying a similar role within the same company hence demoralising these Kenyans making them feel unworthy and depressed.
8. Some of these foreigners have left the company but they are still within the country under the same work permit.
9. Any other wrongdoing action not mentioned above and is against the Kenyan government policy, the Immigration Act and any other law of Kenya.
Ministry of Labour Ministry of Interior and coordination of National government
Director of Immigration Services
Royal Media Services
The Nation Media Group
ECP Private Equity
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