24Jun

Recruitment Basics in Kenya: What Recruiters Should Know to Avoid Existing Pitfalls and Secure Top Talent

In Kenya’s vibrant and competitive labor market, the recruitment and retention of the best employees is fundamental to the success of an organization. A good recruitment strategy isn’t just about filling the position—in other words, it’s about making sure your new hires will not only fit in with your culture, but help shape it, contribute to your growth and comply with the country’s labor laws. Identifying the right candidates and avoiding the many pitfalls, however, is a task that requires some specialized skills.  

1. Develop a proper Job Description  

Before you advertise any job, do a job analysis. This isn’t simply about listing out duties; it’s about understanding the essence of that role, the unique skills (technical and soft), competencies and cultural fit that are required for that role. Engage current high performers in similar roles to help you shape your job description and determine essential success behaviors.

 

2. Tap into multiple delivery channels 

There is a lack of a diversity in your talent pool if you are recruiting from just one source 

  • Online Job Boards: Sites such as Brighter Monday and LinkedIn are important.  
  • Professional Networks: Industry associations, University and College career centers and your own professional network can provide great leads.  
  • Social Media: Join channels where your candidate audience hangs out, regularly flaunting your company culture.  
  • Referral Programs: Motivate your existing employees to recommend qualified candidates as they are often in the best position to assess cultural fit.  
  • Pitfall to Avoid: But focusing the search only on “known” channels, can yield a less diverse and perhaps less creative workforce.  

 

3. Develop Engaging & Compliant Job Ads 

Your job advert is often a candidate’s first glimpse into your company. It has to be interesting, and it needs to be obvious what the value proposition is and, very important, it has to be in line with the labor laws in Kenya.  

  • Compliance Tip: The advert must not be discriminatory on grounds of race, ethnic or political origins, disability, religion, nationality, gender, marital status and other prohibited criteria of discrimination under the Employment Act, 2007 and the Constitution of Kenya. Emphasize experience, skills, and qualifications.  
  • Optimizing for Engagement: Showcase your workplace culture, values, growth prospects and any special perks (such as professional development or flexible work arrangements)  

 

4. Implement a Structured and Fair Selection Process 

An organized and systematic method for screening through candidates reduces the risk of bias and allows for more objective “apples-to-apples” comparison during your hiring process.  

  • Interviews: Ask competency-based questions.  
  • All Kinds Of Tools: Include competency assessment, skill drills, personality tests or role-specific case studies.  
  • Background Checks & Due Diligence: Important to confirm qualifications, experience, and references. This is crucial, especially in positions of trust and financial responsibility.  
  • Compliance Suggestion: Make certain each part of the selection process falls within the principles of natural justice and has validity for fairness. Any testing done must be job related.  
  • Pitfall to Avoid: Informal interviews may risk exposing unconscious biases and result in poor hiring decisions and possible legal challenges.  

 

5. Place Candidate Experience First 

A positive candidate experience, even for unsuccessful applicants, enhances your employer brand and strengthens your professional network.  

  • Communicate: Keep the candidates informed, even if there’s no update.  
  • Feedback: Provide constructive feedback when possible and within reason.  
  • Respect for the Other Party’s Candidate: All candidates should be addressed respectfully.  

A positive candidate experience can convert unsuccessful applicants into future customers or referrers.  

 

6. Understand and Adhere Labor Laws Labour Laws of Kenya 

Compliance is non-negotiable. Familiarize yourself with key legislation, just to mention  a few: 

  • Employment Act, 2007 -relates to terms and conditions of employment, contracts, wages, leave, etc. 
  • Labour Relations Act, 2007: Covers trade unions, collective bargaining and resolution of disputes.  
  • Work Injury Benefits Act (WIBA), 2007: Requires employers to compensate employees who suffer work related injuries or diseases.  
  • Occupational Safety and Health Act (OSHA), 2007 – Provides a safe and healthy working condition.  
  • The Data Protection Act, 2019: Regulates the collection, processing and storage of personal data, including applicant information.  

By integrating these expert tips and diligently adhering to Kenyan labor laws, companies can optimize their recruitment efforts, attract and retain top talent, and build a resilient workforce that drives sustainable growth. 

For any enquiries on this or any other matter do not hesitate to contact us via email through info@hrfleek.com 

Contact Person & Contributor 

Fortunatus Otieno – HR SPECIALIST 

03May

Sick Leave Policies

Sick leave is a fundamental aspect of employment that ensures employees can take time off work when they are ill without risking their job security or financial stability.

26Mar

Gross Misconduct in Kenya 

Gross misconduct refers to a serious breach of the employer-employee contract that destroys the trust and confidence essential for a continued working relationship.

20Feb

Staff File Audit 

This is the periodic and organized review of personnel files to assess accuracy of each employee’s documents, ensuring they are up to date and complete.

08Feb

Organizational Change & Development 

In the dynamic landscape of organizational development, change is not just inevitable but essential for survival. This article delves into the principles and practices of organizational change and development (OD), shedding light on its significance in fostering greater competence and effectiveness. Discover how internal and external pressures drive organizational shifts, and the pivotal role HR intervention plays in navigating these transitions. From unfreezing existing paradigms to refreezing new behaviors, explore the systematic steps organizations undertake to ensure successful adaptation.

31Jan

Disciplinary Process in Kenya 

The following list provides examples of offenses which normally warrant disciplinary action: 

  • Absence from duty without permission 
  • Unwillingness and inability to perform prescribed duties. 
  • Damage to Company property 
  • Loss of Company property 
  • Unauthorized possession / removal of Company property 
  • Insubordination 
  • Use of abusive language, harassment, discrimination or bullying. 
  • Gross negligence 
  • Willful damage to or theft of company property 
  • Fraud or dishonesty in dealing with the company 
  • Theft or misappropriation of Company funds 
  • Carrying or being under the influence of drugs or alcohol whilst on company premises or on company business 
  • Noncompliance to standard operating procedure 

Once a disciplinary matter has been reported the following steps are to be followed. 

Stage 1 – Informal action 

Informal action is appropriate in cases of minor misconduct. 

  1. The line manager will let the employee know that their conduct is unsatisfactory and make them aware of the standards expected without recourse to the formal procedure. 
  2. The line manager will hold a confidential discussion with the employee and ensure that they understand exactly what is expected of them. This discussion will enable the manager to provide constructive feedback and the employee to express their views on the issue. Where a need for improvement is identified, the manager will explain to the employee what needs to be done, within an agreed timescale and how the conduct will be reviewed within the agreed period. If the required achievements are not achieved or maintained, the matter will be dealt with formally.  

Stage 2 – Investigation 

  1. Before disciplinary action is taken, a full and thorough investigation into the allegation(s) will take place which takes into account any statements from witnesses or opinion(s) as appropriate. 
  2. The purpose of the investigation is to determine whether there is a case to answer at a formal disciplinary hearing. 
  3. Where the chosen course of action is a disciplinary hearing, the HR will chair the disciplinary hearing.  
  4. Proceedings are treated in confidence and records are kept as confidential as is practically possible and as is consistent with achieving a fair and thorough investigation. 
  5. Following the investigation, consideration will be given as to whether:
    a. The matter is closed; or, if further action is required: attempts should be made to resolve the matter informally without recourse to a formal hearing.
    b. A disciplinary hearing needs to be arranged: The employee will be issued with a show cause letter and notice to attend a disciplinary hearing.

Suspension 

When an employee has committed a serious offence, s/he may be suspended from duty pending investigation. The purpose of suspension is manifold and can be used when it is necessary to remove a member of staff from the workplace pending an investigation, for example, to allow time for a ‘cooling down period’ for both parties, for their own or others protection, to prevent them influencing or being influenced by others or to prevent possible interference with evidence.  

The following conditions shall prevail; 

  1. Notice of suspension shall be given in writing to the employee concerned and all business cards, office access card, staff identity card, office keys and access to email or internet will be suspended as well. 
  2. Every effort will be made to reach a decision on whether the employee should be reinstated or dismissed.  
  3. Upon conclusion of the investigation, the employee will be entitled to a fair hearing by the disciplinary committee.  
  4. If after investigations have been completed the staff member is found to be innocent of the suspected offence, a letter will be written to the employee communicating these findings and all withheld pay and benefits shall be reimbursed. 

Stage 3 – Disciplinary Hearing 

The HR chairing the hearing will arrange a formal hearing, ensuring the following: –  

  1. The employee is told in writing, no fewer than three working days in advance of the disciplinary hearing (unless an earlier date has been mutually agreed);  
  2. Written notification will include: 

    1. the specific nature of the issue;  
    2. the date, time and place of the formal hearing;  
    3. that the employee may be accompanied by a trade union representative or workplace colleague at the hearing;  
    4. the names of any witnesses and those in attendance at the hearing;  
    5. a link to the disciplinary policy and procedure and any written statements, reports and other evidence to be considered; 
    6. that the employee may provide evidence and/or call witnesses to the hearing, and the need to ensure that any witnesses are aware of the need for confidentiality. 
  3. All documentation relating to the disciplinary hearing must be reasonable and submitted at least 48 hours prior to the hearing to the HR Office. The number of witnesses and any supporting documentation must be in proportion to the level of misconduct itself and must be of a reasonable quantity. 
  4. Appropriate arrangements will be made to meet any special needs (e.g. interpreting in the case of language difficulties of the employee). 
  5. The employee, and any representative, should make every effort to attend the hearing. 
  6. If the employee fails to attend the hearing without good cause, a decision may be taken in his/her absence based on the information available. 

The disciplinary hearing

  1. In addition to the HR Office, those in attendance at the disciplinary hearing should include the person who conducted the investigation, minute taker, with witnesses, as appropriate. 
  2. The HR Office will explain the issue and go through the evidence gathered during the investigation, including any evidence given by witnesses appearing in person. The employee will be allowed to set out their case and answer any allegations that have been made. The employee will also have a reasonable opportunity to ask questions, present evidence, call relevant witnesses, and be able to raise points about any information provided by witnesses. 
  3. The outcome of the hearing is to be communicated to the employee within five working days, unless agreed otherwise. 

After consideration of all factors, including any mitigating circumstances, the possible outcomes are as follows: 

Verbal Warning 

Verbal warnings are not cumulative and attract no higher penalty. However, they may be taken into account at the annual performance evaluation.  A verbal warning will be given for unsatisfactory work and /or conduct.  When a verbal warning is given, the Supervisor will follow this up with a file note which will be given to the HR Office and a copy to the staff for record. 

Written Warning 

A written warning consists of a formal letter containing a brief description of the circumstance of the offense and the reason why the action has been taken.  

A. First Written Warning 

If conduct or performance does not meet acceptable standards, the staff member will normally be given a formal verbal warning. They will be advised of the reason for the warning and that it is the first stage of the disciplinary procedure. The warning will be confirmed in writing to the employee and recorded in the employee’s file as a verbal warning. 

B. Second Written Warning 

If, during a consecutive period of twelve months (12) months from the date of the first warning letter, the employee commits another offense, following the first warning, a second warning in writing shall be served by HR. The decision to give this warning letter shall be arrived at in consultation between the supervisor and HR. 

C. Third and Final Written Warning 

If an employee, having received two warnings, commits a third offence within a period of twelve months (12) from the date of the second warning letter, s/he shall receive a third and final warning from the HR. With the third and final warning, the employee is liable to termination of service upon committing further offense. 

NOTE: 

  • All warnings shall be entered in the employee’s records. 
  • If an employee completes one full year without a further warning, the effect of any previous warning entered in his record, in terms of disciplinary action, shall lapse.  However, the warning letter will remain in the employee’s file and will be considered in matters of performance evaluation, salary, and promotion.

Dismissal 

The Managing Director, or in his/her unavailability, an authorized nominee, a report of all relevant facts leading to a recommendation for dismissal. 

Dismissal may be recommended if: – 

  1. the employee is found to have committed an act of gross misconduct as outlined in the company policy manual guided by the Employment Act. 
  2. following review there is continued unsatisfactory conduct and or performance. 

Stage 5 – Appeal  

To appeal against disciplinary action short of dismissal, the employee must write to the HR Office within five working days of receipt of the letter informing them of the outcome of their hearing, stating clearly the specific grounds of appeal. 

The appeal will be arranged as soon as practicable. The employee receives notice, in writing, five working days in advance of the hearing. The letter will state the date, time, and place where the hearing is held and the name of the person chairing the hearing. The employee will be informed that they may choose to be accompanied by a witness this has to be or a workplace colleague.  

The HR may reach the following decisions: 

  1. uphold the disciplinary action or; 
  2. remove the disciplinary action entirely or; 
  3. impose a disciplinary action of their own, short of dismissal, which they consider appropriate. 

Appeals against dismissal 

Where a decision to dismiss is taken, the employee may appeal within five working days by writing to the Managing Director or equivalent. Appeals against dismissal are heard by a committee consisting of the HR Office, Managing Director, and respective line managers. In the case of appeals against dismissal, the decision to dismiss shall not take effect until the appeal panel has determined the outcome of any appeal, unless the recommendation is for gross misconduct and the Managing Director has upheld the decision to dismiss. 

The appeal process is a review of the decision to dismiss based on one or more of the following grounds: 

  1. that new evidence is available which was not presented at the first hearing; 
  2. the dismissal hearing was materially flawed on procedural grounds; 
  3. the decision to dismiss was not reasonable in the circumstances. 
23Jan

Categories of Work Permits in Kenya 

Step into the vibrant world of Kenya’s revamped immigration rules, where each work permit class tells a unique story. Whether you’re digging into mining with Class A or finding refuge with Class M, the adventure begins with documentation – forms, photos, and fees. Renew your permit, but don’t miss the beat on hiring locals. The State Department for Immigration Services holds the key, weighing economic impacts and the presence of a Kenyan understudy.

15Jan

Enhancing Organizational Success Through Employee Engagement and Retention

In today’s competitive business environment, prioritizing employee engagement and retention is paramount. This article delves into the vital aspects of fostering a positive work environment and the pivotal role leadership plays. Discover strategies for boosting morale, including open communication, recognition, professional development, work-life balance, and team building.

23Nov

What is Job Analysis? 

Dive into the job analysis process, uncovering detailed job contents and generating crucial outcomes like job descriptions, specifications, and evaluations. Understand the organizational purposes behind job analysis, from designing roles to aligning pay structures.

09Nov

What is Job Rotation? 

Job rotation, a dynamic management strategy, liberates employees from the grind of routine tasks. It’s the key to unlocking latent talents and ensuring a skilled workforce. Explore how it revitalizes job satisfaction, aids in succession planning, and broadens employees’ horizons. Get the inside scoop on the essentials of successful job rotation.