If you want to sue a rogue recruiting agency in Kenya in the small claims court, here are some general steps you can follow:

Gather evidence: Collect all relevant documents, emails, agreements, and any other evidence that supports your case. This may include communication records, contracts, payment receipts, or any other documentation related to your interaction with the recruiting agency.

Understand small claims court jurisdiction: Familiarize yourself with the jurisdictional limits of the small claims court in Kenya. Each jurisdiction may have specific monetary limits on the amount you can claim in small claims court. Ensure your claim falls within the court's jurisdiction.

Research the legal requirements: Study the laws and regulations related to recruitment agencies in Kenya. Determine if the agency has violated any specific laws or breached their contractual obligations. Understanding the legal framework will help you build a stronger case.

Attempt to resolve the issue outside of court: Before resorting to legal action, consider attempting to resolve the matter amicably. Communicate with the recruiting agency and express your concerns. Sometimes, a settlement or resolution can be reached through negotiation or alternative dispute resolution methods.

File a claim: If the issue cannot be resolved outside of court, visit the small claims court in the jurisdiction where the recruiting agency is located. Obtain the necessary forms to file a claim. Provide accurate and detailed information about your case, including the specific damages you are seeking.

Pay the filing fee: There may be a filing fee associated with initiating a small claims court case. Ensure you pay the required fee to proceed with your claim. If you are unable to afford the fee, inquire about any fee waiver options available to you.

Serve notice to the defendant: Once your claim is filed, you need to serve notice to the recruiting agency about the legal action. This usually involves providing a copy of the claim and the court hearing date. Follow the proper procedures for serving notice, which may vary depending on the court rules.

Prepare for the court hearing: Organize your evidence, create a clear and concise summary of your case, and prepare any witnesses who can support your claims. Make sure you understand the facts of your case thoroughly to present your arguments effectively in court.

Attend the court hearing: On the scheduled date, attend the court hearing and present your case. Be respectful, concise, and provide evidence to support your claims. Listen carefully to the opposing party's arguments and respond appropriately.

Await judgment: After both parties present their arguments, the court will make a decision. If the court rules in your favor, you may be awarded the requested damages or a suitable resolution. If the judgment is not in your favor, you can explore further legal options, such as appealing the decision.

It's important to note that this is a general guideline, and the specific procedures and requirements may vary depending on the jurisdiction and the court rules in Kenya. It's advisable to consult with a legal professional or seek advice from the relevant authorities to ensure you follow the correct procedures and legal requirements.

[*This article generally explains the law in force in Kenya and does not constitute an opinion or a legal opinion. To find out the rules specific to your situation, write to us on info@wjmaxwelll.co.ke or call/WhatsApp on 0733 610 961]

It is crucial to comprehend the laws governing private employment agencies in light of the recent cases of Kenyans being conned into paying hundreds of thousands of shillings for jobs in Canada, the United States, the United Kingdom, Australia, Dubai, and Qatar.

REGISTRATION OF PRIVATE EMPLOYMENT AGENCIES

An Agency may be registered by the Director of Employment to carry out business of a private employment if-

1. The Agency is duly registered as a limited liability company under the Companies Act 215, and in which at least one Kenyan citizen owns shares.
2. The directors of the Agency have attained a KCSE or O-Level certificate and good conduct to be renewed after 12 months (Mandatory).
3. The manager in charge of the agency must have a degree in a business related field from a university recognized in Kenya by the CUE.
4. The manager must have a relevant experience of at least 3 years.
5. The Agency must have a minimum share capital of 5 Million shillings.
6. The Agency must deposit Kshs. 1.5 million with a reputable bank or insurance firm in Kenya to be used for the purpose of repatriation, paying wages and other entitlements in for compensation of workers whose contract have been defaulted

These strict laws were enacted following complaints from the public that fake agencies had enticed Kenyans with the promise of well-paying job but instead had either defrauded them of their money or placed them in subpar positions, particularly in the Gulf Countries.

As the Government works to purge the market of fraudulent hiring agencies, only Recruitment Agencies run by business graduates and with at least 5 million shillings in share capital are permitted to hire and place Kenyans in positions abroad, including Canada, the United States, the United Kingdom, Australia, Dubai, and Qatar.