Can an employer ask for clearance certificates before offering you a job?
Employment Act, 2007 s. 9- Act, 2022) · sources read 2 Oct 2026
No. An employer can only ask for clearance or compliance certificates once it intends to give you a job contract; it can then ask for the mandatory Chapter Six certificates and withdraw the offer if you don't meet them. Public bodies may not charge for these certificates and must issue or reject them within 7 days.
- How long
- The issuing public body must issue or reject your certificate within 7 days
- Where
- Certificates: from the public body that issues each one. Complaints: the labour officer in your area.
Steps
- Once an employer intends to hire you on a written contract, it can ask for the mandatory Chapter Six clearance certificates.
- Apply to each public body that issues the certificate. The law says it may not charge a fee.
- To complain about an employer, go to the labour officer in your area. Complaints are registered on Form LD 64 and settled through conciliation.
Watch out
- If you don't meet the Chapter Six requirements, the employer can withdraw the job offer.
- Applicants for a state office can be asked for the certificates at any stage of recruitment or approval.
- The rule is about when an employer may demand them: not before it intends to give you a contract.
Who this covers
- Job applicants (the rule treats applicants as employees, and employment agencies as employers).
Official sources (3)
- Employment Act, 2007 (No. 11 of 2007) new.kenyalaw.org · read 2 Oct 2026
- Employment (Amendment) Act, 2022 (No. 15 of 2022), Kenya Gazette Supplement No. 62 labour.go.ke · read 2 Oct 2026
- Handling of Labour Disputes labour.go.ke · read 2 Oct 2026