Is Ksh1,050 Good Conduct Certificate Fee Illegal? Constitution Clarifies

Kenyans seeking a Certificate of Good Conduct from the Police are required to part with Ksh1,050 before their application is approved on eCitizen. 

This certificate or clearance form indicates a person’s criminal record. Employees view it as a testament to one’s character and behaviour. 

“The significance of this requirement is to show the employer the kind of person they intend to employ,” stated the former Director of the Criminal Investigations (DCI) boss George Kinoti.

However, the charges have elicited debate among Kenyans who argue that the Employment Amendment Act of 2022 scrapped the fee which may lock out qualified applicants from job opportunities.

Jobseekers queue on Wabera Street, Nairobi, as they wait to be interviewed by The Sarova Stanley on May 26, 2018.

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According to the Employment Amendment Act of 2022, a relevant public entity shall not charge a fee for the issuance of a clearance or compliance certificate under this section or any other written law.

Constitutional lawyer, Charles Kanjama, explained to Kenyans.co.ke that there exists a grey area in the implementation of the Act.

“The Act states that employees seeking the certificate should not be charged. This is can be difficult for the police to verify the legitimacy of the need for the certificate,” Kanjama told Kenyans.co.ke.

“Persons seeking the certificate for employment purposes need to provide evidence to the police. Here is where the guidelines come in,” he added.

Furthermore, he added that in order for the police or any other relevant entities to issue the certificate of good conduct without charges, the budget needs to be reviewed. 

The Treasury, Kanjama added, needs to be involved to make arrangements for the fee to be incorporated into the budget.

“It is not a matter of illegality, administrative guidelines and arrangements need to be put in place,” he explained.

In the Act, employers were also cautioned against demanding clearance certificates from job applicants without the intention of hiring them.

“In respect of recruitment, an employer shall not require an employee to submit any clearance or compliance certificate unless such employer intends to enter into a contract of service with the employee,” the Act dictates. 

Nonetheless, it is key to note that the Employment Amendment Bill ascended by former President Uhuru Kenyatta paved way for graduates to seek employment without producing clearance certificates from State agencies.

Undated file image of Nairobi job seekers waiting to hand in their applications to an employer.

Kenyans.co.ke

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