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Can an employer or agent keep your passport?

Counter-Trafficking in Persons Act, 2010 · sources read 2 Oct 2026

No. Taking, hiding or destroying someone's passport or ID to further trafficking or to stop them leaving or seeking help is a crime under Kenyan law, punishable by at least 10 years in jail, a fine of at least KSh 10 million, or both.

Where
Nearest Kenyan embassy or mission; Diaspora Affairs helpline +254 114 757 002; trafficking line 0800 722 203
Go to the official site

Steps

  1. Ask for your passport back in writing and keep a copy.
  2. If it is not returned, tell the nearest Kenyan embassy or mission and the authorities.
  3. Call the State Department for Diaspora Affairs on +254 114 757 002.
  4. If you think you are being trafficked, report it on 0800 722 203.

Watch out

  • The crime in this Act needs a purpose: furthering trafficking, or stopping you from leaving the country or seeking help.
  • Taking or destroying your personal belongings for the same purpose is also an offence.

Who this covers

  • Kenyan workers at home and abroad: you are entitled to keep your own passport and ID.
Official sources (3)
  1. Counter-Trafficking in Persons Act (No. 8 of 2010) new.kenyalaw.org · read 2 Oct 2026
  2. Migrant workers: rights and help diaspora.go.ke · read 2 Oct 2026
  3. Child Protection Services Portal childrenservices.go.ke · read 2 Oct 2026

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