Kenya Diaspora Policy

November, 2014

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FOREWORD	  This Policy has been developed in recognition of the urgent
need to mainstream the Kenyan Diaspora into our national
development process in line with the aspirations and goalsof the Kenya Vision 2030. The Kenya Vision 2030 recognizes
Diaspora contribution as a major enabler to the growthof our economy and critical factor in the achievementof our overaching vision of a globally competitive andprosperous Kenya by the year 2030. It is in recognitionof this imperative that development of a Diaspora Policy
was identified as one of the Kenya Vision 2030 flagshipprojects. Furthermore, Diaspora Diplomacy is now one ofthe pillars of the Kenya Foreign Policy. According to the Central Bank of Kenya statistics,
inward formal remittances from the Kenya Diaspora stood at Kshs 113 billion in 2013,
accounting for 2.98% of the country’s Gross Domestic Product (GDP). Further there
exists enormous potential in skills, knowledge and expertise by the Kenyans abroad
which is not being utilized in the country. This is an indication that the Diaspora has
a huge and untapped potential to positively contribute to the growth of our economy.
As a Government we have an obligation to engage and facilitate our citizens not only
locally, but also abroad as stipulated in the Constitution of Kenya. The Constitution also
provides for the right to vote as well as the right to dual citizenship for all Kenyan citizens
living abroad. This policy has therefore been developed to facilitate a mutually beneficial
relationship between the country and its Diaspora.
Some of the key interventions proposed in this Policy Paper are: curbing the high costof remittances, improving consular services to address issues of Kenyans abroad, using
the Kenyans abroad to promote tourism, tapping into Diaspora talents to reverse thecurrent brain drain and designing a dedicated web portal to facilitate collection of dataand profiles of Kenyans abroad for proper planning and engagement. The successful
implementation of this policy, proposed programmes and projects will involve several
actors. The execution of the proposed programmes and projects therefore, calls for a
multi-sectoral and collaborative approach from all the stakeholders.

AMB. (DR) AMINA C. MOHAMED, CBS, CAVCABINET SECRETARY5ACKNOWLEDGMENT
The Kenya Diaspora Policy is a product of a highly
participatory and consultative process which brought
together all stakeholders with concrete and longstanding
expertise and knowledge on Diaspora issues. The Policy
therefore benefited from views and input from relevant
Government Ministries, Departments and Agencies,
Diaspora Associations, private sector, civil society, NGOs
and development partners.
The Ministry of Foreign Affairs and International Trade andthe Ministry of Labour, Social Security and Services playeda lead role in the development of the Policy. Kenyans abroad were ably represented
by Diaspora Associations such as the Kenya Diaspora Alliance (KDA) and the Kenyan
Community Abroad (KCA) . The contribution of partner organizations such as theWorld Bank and the International Organzation for Migration (IOM) towards building
the institutional capacity of the Ministry in the management of labour migration andDiaspora issues are invaluable. It is expeceted that all the stakeholders will continue toactively engage and contribute to the successful implementation of this Policy.
The Ministry is strongly indebted to officers from the Ministries in charge of Labour,
Social Security and Services, Devolution and Planning, Information, Communication
Technology, Immigration and Registration of Persons, East African Community, Tradeand Tourism, Education and Health.
Similarly, we received very valuable contributions from experts at the the Capital Markets
Authority,Central Bank of Kenya, Kenya National Bureau of Statistics, Kenya Institute of
Public Policy and Research, Independent Electoral and Bounderies Commission, Kenya
Investment Authority, the Federation of Kenya Employers and the Kenya Association ofPrivate Employment Agencies. Their contribution in the finalisation of this policy was not
only timely and welcome, but was instrumental in shaping its content.
Finally, I wish to thank the Ministry staff both at the headquarters and Kenya Missions
Abroad for spearheading the successful completion of this policy.

Dr (Eng) Karanja Kibicho, CBS
Principal Secretary
6TABLE OF CONTENTSFOREWORD3ACKNOWLEDGMENT4ACRONYMS6
EXECUTIVE SUMMARY
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CHAPTER ONE
INTRODUCTION AND BACKGROUND INFORMATION
1.0
1.1
1.2
1.3
1.4

8

Introduction
9
The Kenyan Context
9
Global Outlook10
Challenges to the effective contribution of the Kenyan Diaspora innational development
11
Lessons learnt from global best practices
13

CHAPTER TWO
POLICY OBJECTIVES AND STRATEGIES

14

CHAPTER THREE
INSTITUTIONAL AND IMPLEMENTATION FRAMEWORK

22

CHAPTER FOUR
MONITORING AND EVALUATION

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2.1
2.2
2.3
2.4

3.1
3.2
3.3

Rationale for developing the Policy
Policy Objectives 	
Guiding PrinciplesStrategies

Coordination mechanism
National Diaspora Council of KenyaRole of Government Ministries, Departments and Agencies

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AIR		AUC		AU		
BLA’s		
CBK		
CBO		
CMA		
COMESA
COTU		
EAC		
FBO		
FKE		
GDP		
ICT		
IEBC		
ILO		
IOM		
IRA		
ITES		KAPEA		KDA		KCA		KNBS		
KenInvest
KIPPRA		
KRA		
KTB		
MDAs		
M & E		MSE		NADICOKNESC		
NGO		
NRK		
PKO		
ODA		
RBA		
TOKTENUN		
8-

ACRONYMS

African Institute for Remittances
African Union Commission
African Union
Bilateral Labour Agreements
Central Bank of Kenya
Community Based Organization
Capital Markets Authority
Common Market for Eastern and Southern Africa
Central Organization of Trade Union
East African Community
Faith Based Organization
Federation of Kenyan Employers
Gross Domestic Product
Information and Communication Technology
Independent Electoral and Boundaries Commission
International Labour Organization
International Organization for Migration
Insurance Regulatory Authority
Information Technology Enabled Services
Kenya Association of Private Employment Agencies
Kenya Diaspora Alliance
Kenyan Community Abroad
Kenya National Bureau of Statistics
Kenya Investment Authority
Kenya Institute for Public Policy, Research and Analysis
Kenya Revenue Authority
Kenya Tourism Board
Ministries, Departments and Agencies
Monitoring and Evaluation
Micro and Small Enterprises
National Diaspora Council of Kenya
National Economic and Social Council
Non-Governmental Organization
Non-Resident Kenyans
Persons of Kenyan Origin
Overseas Development Assistance
Retirement Benefits Authority
Transfer of Knowledge through Expatriate Nationals
United Nations

EXECUTIVE SUMMARY
This Diaspora Policy is a response to the urgent need for mainstreaming the
Kenyan Diaspora into national development process in line with the aspirations
and goals of the Kenya Vision 2030 development blue print. The Kenya Vision
2030 recognizes Diaspora contribution as a critical component to the growthof our economy and in the achievement of our overarching vision of a globallycompetitive and prosperous Kenya by the year 2030.
The Kenyan Diaspora consists of people of Kenya origin and non-resident
Kenyans residing outside the country. It is well documented that Diaspora
account for significant share of the Kenyan GDP. Similarly, the contribution of
the Diaspora in terms of skills, expertise and transfer of knowledge to Kenya isinvaluable though this potential is not yet fully developed or harnessed.
Despite the huge potential of the Kenyan Diaspora, there are challenges hindering
its contribution to national development. Some of the challenges include; thehigh cost of remitting money, inadequate capacity to offer consular services,inadequate mechanisms of protecting Kenyans in the Diaspora, weak structures
to inform Kenyans in the Diaspora of investment opportunities, untapped skills
and expertise and lack of an integrated database on Kenyans abroad.
The broad objective of this policy is to empower Kenyans abroad to effectively
make greater contribution to the development of the country. To actualize thisobjective, the following strategies have been identified: enhancing capacity
to offer consular services, reducing the high cost of money remittance,developing an incentive framework for promoting Diaspora participation innational development, tapping into Diaspora skills, knowledge and expertise,and encouraging participation of Kenyans citizens abroad in the democratic
processes in the country among others.
The successful implementation of this policy will require the involvement andactive participation of Government Ministries, Departments and Agencies,
Kenyans Diaspora Associations, Development Partners, Private Sector, Civil
Society, Non-Governmental Organizations, Community Based Organizations
and Faith Based Organizations (FBOs). A National Diaspora Council of Kenya
will be established to promote consistency and better coordination as well as
strengthen support for the role of this Ministry. Monitoring and evaluation ofthis Policy will be undertaken within the framework of the National Integrated
Monitoring and Evaluation System (NIMES). The Framework will provide
for regular consultation and feedback between Agencies entrusted with theimplementation of this Policy.

9CHAPTERONEINTRODUCTION AND BACKGROUNDINFORMATION

10INTRODUCTION AND BACKGROUND INFORMATION
1.0

Introduction

The Government of Kenya recognizes the key role that Kenyans abroad play inthe development of our nation. However, this huge potential remains largely
untapped. To successfully harness this potential the government is committed
to involving Kenyans abroad in the national development agenda. The role of
the Diaspora in the realisation of the Kenya Vision 2030 is recognised especiallyin driving investments in the priority sectors of the economy such as education,
financial services, health, housing, ICT enabled services, Business Process
Outsourcing (BPO), manufacturing and tourism. This policy therefore contains
strategies aimed at effective deployment and utilisation of the expertise,technical know-how and the entrepreneurial skills of the Kenyans abroad.
Similarly, the importance of Kenyans abroad has been fully recognised in theConstitution of Kenya.
The International Organization for Migration (IOM) defines Diaspora as
members of ethnic and national communities who have left, but maintain links
with their homelands. The African Union on the other hand, defines the African
Diaspora as, “Consisting of people of African origin living outside the continentirrespective of their citizenship and nationality and who are willing to contributeto the development of the continent and the building of the African Union”.
For the purpose of this policy, Kenyans Abroad are defined as consisting of
Persons of Kenyan Origin (PKO) and Non-Resident Kenyans (NRK’s). PKO status
designates foreign citizens of Kenyan origin or descent. On the other hand,
NRK status is for Kenyan citizens holding a Kenyan passport and/or having dual
citizenship and residing outside the country whether for employment, business,
vocation, education or any other purpose.
1.1

The Kenyan Context

Kenyans have been migrating in large numbers to different parts of the world
since the 1960s to acquire better training, education, job opportunities andfor political reasons. To date Kenyans continue to migrate in search of better
economic opportunities, resulting in a major brain drain. The number of Kenyans
abroad is estimated to be about three (3) Million and is continuously on the rise.
Indeed the Diaspora possesses immense resources which can greatly contributeto the transformation of our country as envisaged in the Kenya Vision 2030. Part11

of these resources include inward formal remittances, which according to theCentral Bank of Kenya stood at Ksh. 113 billion (USD 1.29 billion) in the year
2013, accounting for 2.98% of the Gross Domestic Product .
Despite the critical role played by Kenyans abroad in the transformation processof the country, Kenya continues to face many challenges in harnessing theirpotential due to lack of a comprehensive framework to fully integrate them innational development.
1.2

Global Outlook

Over the last 45 years, the number of persons living outside their country ofbirth has more than doubled from an estimated 75 million in 1960 to nearly
215 million (UN, 2009) representing 3% of World population. About 30 Million
Africans are living outside their home country (IOM and KNBS). These figures
clearly indicate how crucial the management of international migration is,
especially in view of the magnitude of the movement of people across borders
for employment. The issue has now moved to the top of policy agenda in many
countries of origin, transit and destination. Governments at both ends of the
migration spectrum are increasing their capacities to manage labour migration
for the mutual benefit of society, migrants and the state. This has therefore
necessitated the need for policy, legal and institutional mechanisms to manage
and control the movement of people regionally and internationally.
The African Union recognizes the role played by the Diaspora in the developmentof the continent. The Extra – Ordinary Summit of the Assembly of Heads ofState and Government of the African Union in its meeting held in February,
2003, declared the African Diaspora as the sixth development region of thecontinent. The declaration was based on the recognition of the African Diaspora
as an important part of the continent whose potential needs to be fully exploitedin building the African Continent. Similarly, the Declaration of the Global Africa
Diaspora Summit of May, 2012 underscored the need to build sustainable
partnerships between the African continent and the African Diaspora throughsustainable dialogue and effective collaboration with governments and peoples
of different regions of the world in which the Diaspora populations are located.
Kenya ratified the Amendment to the AU Constitutive Act Article 3(q) that“invites and encourages the full participation of the African Diaspora as animportant part of our continent in the building of the African Union”.
To underscore the importance of remittances to African countries, the Executive
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Council of the Africa Union through its decision of January 2013 accepted Kenya’s
offer to host the African Institute for Remittances. The Institute is expected toassist in capacity building of member states of the AU, remittance senders andrecipients, and other stakeholders, to manage remittances.
Similarly, the Treaty for the establishment of the East African Community (Article104) provides for free movement of persons, labour, goods, services and theright of establishment and residence of their citizens within the Community.
This is further reiterated in the Common Market for East and Southern Africa
Protocol on the free movement of labour.
Countries such as China, India, México, Philippines and Israel have significantly
benefited by capitalizing on their links with their Diaspora. Other countries
have also initiated measures to design policies and legislation to create anenabling environment for the Diaspora to participate fully and contribute to thedevelopment of their countries especially through remittances. According to theWorld Bank, remittances to developing countries are three times the Official
Development Assistance. The remittances are estimated to be about $406 Billion(World Bank, 2012). The World Bank estimates that remittances sent throughinformal channels could add up to at least 50 per cent of the official estimate,making it the largest source of external capital in many developing countries.
1.3
Challenges to the effective contribution of the Kenyan Diaspora innational development
It is recognised that Kenyans abroad have and continue to make significant
contribution back home. Despite this, there still remain many challenges that13

have impaired their effective contribution to the National Development agenda.
First and foremost are the in-adequate capacity constraints in terms of bothbudgetary allocation and personnel at the diplomatic missions abroad to offer
effective and efficient consular services to Kenyans abroad, especially where
we have high concentration of Kenyans. The Government has a constitutional
responsibility to protect its citizens and their property both within and outside
the country. However, some Kenyans working abroad, both skilled and unskilled,
are exposed to unsuitable working conditions due to lack of a national labour
migration legal framework. Non-registration by Kenyans abroad with the Kenya
diplomatic missions abroad has also hampered their protection and this further
constraints effective delivery of consular services.
The adoption and uptake of Information Technology Enabled Services (ITES)
by government has been low. This has resulted in underutilisation of online
services thus inhibiting the efficient and effective provision of services to
Kenyans Abroad.
In addition, sourcing and management of data on Kenyans Abroad has beena challenge to the Government for a long time. The current situation ischaracterised by existence of fragmented and uncoordinated data bases fromdifferent government ministries, departments and agencies. This has hampered
effective planning, engagement and support for Kenyans Abroad. Further to this,the Constitution of Kenya guarantees Kenyans dual citizenship and participationin democratic process whether within or outside the country. However due toan inadequate database and difficulties in registration of Kenyans abroad, anumber of Kenyans could not participate in the general elections held in March2013.
Kenyans abroad continue to play an important role in the development of thecountry through remittances. However, the cost of remitting money back homethrough the existing formal channels remains high leading to the use of informal
channels. This makes it difficult for government to track remittances and toadvise Kenyans appropriately. Weak structures and uncoordinated mechanisms
to create awareness for Kenyans Abroad on the investment opportunities
available in different sectors of the economy is also another challenge, coupledwith lack of incentive framework to promote Diaspora investments.
Kenya continues to witness migration of its citizens and the attendant brain
drain to other countries, notably, to the developed world. A large population of
Kenyans Abroad possess critical skills, expertise and technical know-how that14

can positively be utilized for the development of the country. The Governmentis also unable to attract qualified and skilled human resource from Kenyans
Abroad due to lack of a mechanism and financing for skills transfer and capacity
building, thus inhibiting reverse transfer of intellectual capital.
Moreover, effective co-ordination is critical in the formulation and implementationof policies as it is also a pre-requisite for enhanced monitoring and evaluation.
Currently, various initiatives targeting Kenyans Abroad are scattered in various
Government Ministries, Departments and Agencies (MDAs). There are no clear
co-ordination and linkage mechanism between various government agencies
to enhance harmonization of their policies and initiatives. This has resulted indisjointed policy actions, duplication of efforts and wastage of scarce resources.
This is also compounded by the uncoordinated and disjointed nature of the
Kenyan Diaspora community where there is a clear lack of cohesion amongst
them.
Kenyans abroad contribute to various social security services in their countriesof residence. On termination of their services, there are no bilateral agreements
or formal framework to facilitate transferability and portability of Social Security
Benefits to Kenya. In addition, there is need to ensure full integration of
returnees into society.
1.4

Lessons learnt from global best practices

In developing this Policy, the Ministry of Foreign Affairs and International Trade,
Ministry of Labor, Social Security and Services together with the Department of
Immigration and Registration of Persons, undertook a study visit to India andMorocco in 2012. The two countries were selected based on the successfulpolicies put in place in engaging their Diasporas in the development agendaof their countries of origin and the strategies used to achieve this. Relevant
lessons learnt from the study visit were used to enrich this policy and willfurther be applied in its implementation.
This policy further draws from lessons and experiences learnt during theDiaspora Ministerial Conference held in June, 2013 in Geneva Switzerland where
the Ministry was represented. During the Conference, the Ministry learnt bestpractices geared towards developing strategies to better engage and empower
Diaspora communities and promote them as development actors. The lessons
learnt were used to enrich this policy and will be central in the implementationof various initiatives outlined in this policy.
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CHAPTERTWOPOLICY OBJECTIVES AND STRATEGIES16

POLICY OBJECTIVES AND STRATEGIES
2.1

Rationale for developing the Policy

The Constitution of Kenya and the Kenya Vision 2030 recognise the potentialof Kenyans Abroad in contributing to national development. This potential has
not been fully exploited, partly due to the absence of a policy to engage them.
This policy, therefore, contains specific measures and interventions, including,
the requisite legal and institutional framework that will be put in place toaddress past weaknesses that have impeded full participation and contributionof Kenyans Abroad in the development of the country.
Moreover, Kenyans Abroad are passionate about their homeland and are eager
to share positive information about their country in their respective countries ofresidence, making it easy to leverage on their presence with a view to promoting
Kenya’s tourism, export, image, culture and goodwill.
Further, it is noted that Kenya has a well-trained labour force. Past experience has
shown that Kenyans who have gone to work in other countries have performed
very well. With a constrained labour market in Kenya, it is imperative that Kenyaplans to deliberately export its labour, and hence, put in place, the necessary
regulatory framework that will protect Kenyans who migrate abroad under thisarrangement. This will generate the highly needed foreign exchange.
2.2

Policy Objectives

The broad objective of this policy is to mainstream and empower Kenyans
Abroad to effectively make a significant contribution to the development of thecountry. The main thrust of the policy, therefore, is to harness and maximize
the potential of Kenyans Abroad to contribute to Kenya’s transformation agenda
while at the same time meeting their needs and expectations through a mutually
beneficial and lasting partnership.
The specific objectives of this Policy are to:1. Develop and implement strategies to engage, empower and mainstream
Kenyans Abroad into national development process;2. Mobilize Kenyans Abroad to form town, city or country specific umbrellaassociations which have a national outlook as well as regional and global
umbrella associations for effective engagement and representation;17

3. Develop measures to enhance protection of Kenyans Abroad;
4. Develop mechanisms for dialogue and partnership with Kenyans Abroad;and5. Establish the necessary institutional mechanism for co-ordination andadministration of issues affecting Kenyans Abroad.
2.3

Guiding Principles

This policy is based on the following principles:a). Recognition of the important role played by Kenyans Abroad in the socioeconomic development of the country and the need to synergise the efforts
of all stakeholders in the Diaspora issues;b). Participation. All the stakeholders will be involved and fully participate inpolicy formulation together with all the issues that directly affect them, toenable appropriate responses that specific expectations into account;c). Engagement: Kenyans abroad will continuously be engaged in theimplementation, monitoring and evaluation to provide feedback andfacilitate timely policy interventions;d). Empowerment -through this policy, Kenyans Abroad will be empowered
to invest in Kenya, leverage remittances and deepen knowledge andtechnology transfer;e). Coordination. This policy will provide a mechanism where all the activities
relating to Kenyans abroad will be well coordinated among all the
stakeholders to eliminate overlaps and duplication;f). Gender and youth responsiveness- this principle will seek to recognizethat a gender-balanced Policy can lead to appropriate responses that takespecific expectations into account;g). Decentralisation-in conformity with the Constitution of Kenya critical
functions of the national Government have been devolved to the County
Governments. Initiatives aimed at harnessing the potential of Kenyans
Abroad will be facilitated for the mutual benefit all Kenyan, in and outside
the country. The Ministry will work closely with County Governments tofacilitate mutually beneficial engagements with Kenyans Abroad.

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2.4

Strategies

The following strategies will be implemented to achieve the above objectives.
2.4.1 Promote continuous dialogue with Kenyans Abroad
For a long time, there has been mistrust amongst Kenyans Abroad, Kenyans athome and the Government. This is due to inadequate efforts to create an ideal
platform through which Kenyans Abroad, Government and other stakeholders
can dialogue on issues of mutual benefit.
The government will implement strategies aimed at enhancing constructive
dialogue and conducting civic education between Kenyans Abroad and otherstakeholders to create better understanding and a common ground as the basis
for mutual engagement.
2.4.2

Enhance capacity to offer Consular Services

The Government will strengthen and enhance the capacity of Kenya missions
abroad through deployment of additional staff to missions in countries with ahigh concentration of Kenyans in order to effectively deal with diverse issues
affecting Kenyans Abroad. The Government will further expand its diplomaticpresence in strategic locations to take consular services closer to Kenyans
residing in those areas.
2.4.3

Develop mechanisms of reducing the high cost of remitting money

Recent developments in the information and communication technologies in
the country have given birth to a mobile based payment and money transfer
systems such as M-Pesa, Airtel Money, Nation Hela and Tangaza Pesa among
others. The systems are now being used by Kenyans Abroad in some selected
countries to send money back home. The use of mobile money transfer is
one of the many alternatives to remit money back home, if expanded to othercountries, it will go a long way in lowering the cost of money transfer resulting
to increased remittances. The Government will explore alternative channelsof remitting money and also engage financial institutions involved in moneytransfer to negotiate lower costs of remittances.

192.4.4 Develop an incentive framework to promote Diaspora participation innational development
The Government will develop incentives and tailor -made investment packages
to encourage Kenyans Abroad to direct their remittances towards productive
ventures both at the National and County levels. The Government will also:
harmonize investment promotion and facilitation initiatives targeting Kenyans
Abroad; undertake policy advocacy on targeted investment opportunities inpartnership with umbrella bodies through the Kenya Missions Abroad; establish
intermediary facilities to provide investment management services; and develop
specific investment products and incentives that specifically target Kenyans
Abroad such as the Government securities and Public Private Partnership(PPP) engagements and establish a mechanism of assisting and protecting theinvestments by the Diaspora.
Similarly, the Government will establish the Kenya Ambassadors Programme toprovide a framework for empowering professional and registered associations
or groups of Kenyans Abroad to promote Kenya’s tourism, investment, culture,
and artist among others.

202.4.5Enhance mechanisms for protecting Kenyans abroad

Pursuant to the Constitution of Kenya, the Government commits to protect its
nationals both within and outside the country. To this end, the Government
will undertake the following measures: negotiate and sign bilateral labour
agreements with host countries; strengthen regulatory framework for
employment agencies; review the labour institutions Act, 2007; conduct predeparture training for migrant workers and students going for further studies
abroad; conduct awareness creation for Kenyans going abroad through traveladvisories;
and facilitate registration of Kenyans Abroad through Kenya’s
diplomatic missions; and, revamp the existing labour recruitment system tomake it more professional and accountable.
2.4.6

Develop an integrated database on Kenyans Abroad

In order to improve access to timely and quality information on Kenyans Abroad
and thereby enhance their engagement, the Government will develop andimplement an Integrated Diaspora Information System. Kenya’s Diplomatic
missions will sensitize Kenyans Abroad to create awareness on benefits ofregistration.
In addition, measures will be put in place to strengthen existing institutions anddocumentation centres that specialize in information related to Kenyans Abroad.
In this regard, the Government through the Ministry of Foreign Affairs andInternational Trade, Ministry of Labour Social Security and Services, Ministry of
Education, Ministry of Health, Ministry of Devolution and Planning, Ministry ofInterior and National Government Coordination and Kenya National Bureau of
Statistics will maintain and update an integrated database on Kenyans Abroad.
2.4.7

Develop an up to date inventory of Diaspora expertise and skills

The Government will put in place structures, programmes and incentives toattract and utilize qualified and skilled Human Resource drawn from Kenyans
Abroad. In this regard, the Government will on a regular basis develop andupdateSimilarly, the government will put in place mechanism and measures to promotetransfer of knowledge and skills virtually through online support in order to build
local capacity of the Kenyan nationals. In this regard, information will be madeavailable to Kenyans Abroad on skills shortages and corresponding employment21

opportunities in Kenya. The Government will also introduce and operationalize
an award and recognition scheme for Kenyans Abroad who have excelled intheir area of specialisation
2.4.8 Leverage on the use of Information and Communication Technology(I.C.T) Enabled Services
In order to enhance efficiency in engagement with the Kenyans Abroad, theGovernment will develop and operationalize an interactive Diaspora web portal
and offer online consular services at the Ministry headquarters and diplomatic
missions abroad.
2.4.9

Develop reintegration mechanisms for returnees

Kenyans Abroad returnees are often faced with the challenge of assimilation into
society. In collaboration with other stakeholders, the government will implement
the following interventions: develop a framework for the transferability andportability of social security benefits, negotiate bilateral instruments to facilitate
the transfer of Social security benefits; formulate programs to absorb returnees;
conduct debriefing and counselling of returnees (re-integration programme)
especially those who have undertaken security/military training and set up help
desks in government institutions and other agencies that interact with Kenyans
abroad.
2.4.10 Harmonize and conduct pre-departure training
In partnership with stakeholders, the Government will develop a frameworkfor skills upgrading and pre-departure orientation of potential emigrants inorder to improve their competitiveness in the international job market. Further,public education programmes aimed at creating awareness for parents/students
travelling for studies abroad as well as other individuals leaving Kenya to resideabroad will be undertaken.
2.4.11 Develop Legislative Framework
The Government will review the Labour Institutions Act, 2007 to make provision
for Kenyan private employment agencies to register with the Kenya Associationof Private Employment Agencies (KAPEA) before receiving accreditation. The
Government will further gazette Regulations and Guidelines on operations ofprivate employment agencies and attestation of foreign contracts of service.

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2.4.12 Promote participation in democratic processes by Kenyans Abroad
The Constitution of Kenya laid a firm foundation by entrenching Diaspora
fundamental rights to participate in the country’s democratic processes. In
particular, the Constitution guarantees Kenyans Abroad Dual Citizenship andthe right to vote during national elections. Holding dual citizenship provides
an important and sustainable connection between Kenyans Abroad and their
host country. Similarly, dual citizenship enhances Diaspora participation indevelopment of their motherland. .
During the 2013 general elections, Kenyans living in 4 of the East Africa
Community partner States were registered and facilitated to vote. In this light,
the government will, in subsequent general elections endeavour to increase
registration coverage with a view to enhancing voting by Kenyans Abroad;
conducting voter education ; training IEBC and mission staff on conduct of voter
registration and elections exercise.
2.4.13 Promotion of Philanthropic Initiatives
A number of international forums have underscored the need for appropriate
frameworks to enhance Diaspora engagement in supporting post-crisis recovery
among other initiatives.
The Government will therefore encourage and facilitate Associations of Kenyans
Abroad or even individual Kenyans to form non-profit making foundations to
support philanthropic initiatives in the country, both at the national and county
levels.
2.4.14 Develop mechanism of engagement with the Diaspora YouthDiaspora is composed of a large population of youth which belong to the second
generation born to Kenyan parents. This population will continue increasing
both in numbers and generations. This population may be delinked from Kenya
due to their lack of attachment to the country. The Government will therefore
establish a mechanism of engaging with the Kenyan youth in Diaspora to provide
continuity, linkage and a sense of belonging to their mother country.

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CHAPTER
THREE

INSTITUTIONAL AND IMPLEMENTATIONFRAMEWORK
24

INSTITUTIONAL AND IMPLEMENTATION FRAMEWORKThe Government is committed to the implementation of strategies outlined inthis Policy which are meant to mainstream and ensure effective participationof Kenyans Abroad in the national development agenda. To achieve this, theGovernment will put in place an effective implementation, monitoring andevaluation framework.
The successful implementation of this policy will also require involvement andactive participation of government line ministries, departments, agencies,
Kenyans Abroad Associations, Development Partners, Private Sector, Civil Society,
Non-Governmental Organizations (NGOs), Community Based Organizations(CBOs) and Faith Based Organizations (FBOs). The institutional framework
therefore provides for the roles and responsibilities of various institutions andagencies entrusted with the implementation of various aspects of this Policy.
The framework also facilitates reporting and regular feedback.
3.1

Coordination mechanism

The Ministry of Foreign Affairs and International Trade which has been mandated
to manage the affairs of Kenyans Abroad continues to face challenges incoordination of their mandate. In order to strengthen the role of the Ministry
and to eliminate overlaps and promote consistency in the management ofissues of Kenyans Abroad, a National Diaspora Council of Kenya (NADICOK) willbe established.
3.2

National Diaspora Council of Kenya

The Council will play an advisory role to the government on issues of Kenyans
Abroad. The Council will also carry out research and benchmark with countries
with best practices Diaspora policies with a view of improving policies,
programmes and institutional arrangements for the mutual benefit of thecountry and Kenyans Abroad. Further, the Council in consultation with the
Ministry of Foreign Affairs and International Trade and other stakeholders will becharged with the responsibility of organizing annual home-coming conferencesby Kenyans Abroad, organizing an annual award scheme for the recognition ofoutstanding performance of Associations of Kenyans Abroad and individuals andany other activities, within and outside the country. The Council will operate
under the Ministry of Foreign Affairs and International Trade.

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3.3

Role of Government Ministries, Departments and Agencies

It is recognized that MDAs have an important role to play in support of Kenyans
Abroad. In this regard, it is expected that MDAs will facilitate participation of
Kenyans Abroad in development and economic oriented activities by creating afavourable legal and policy framework for their operations.
The following are specific roles of various MDAs involved in facilitation of
Kenyans Abroad:3.3.1

Ministry of Foreign Affairs and International Trade

The Ministry will remain the apex institution charged with the overall responsibilityof coordinating issues of Kenyans Abroad and in particular overseeing the
successful implementation of this policy. The Ministry will therefore strengthen
its institutional capacity especially the Directorate in charge of affairs of Kenyans
Abroad to be able to effectively carry out this mandate. The Directorate will also
serve as the Secretariat to NADICOK. In addition, the Ministry will guide Kenya
Missions Abroad to effectively handle issues related to Kenyans Abroad. The
Ministry working with other MDAs and Kenya missions abroad will also establish
and continuously update the database of Kenyans Abroad.
Further, the Foreign Service Institute (FSI) will develop a curriculum on Kenyans
Abroad to and County Governments with the necessary skills to facilitate
productive engagement with Kenyans Abroad. It will also undertake researchon Kenyans abroad, and keep the Ministry abreast with global best practices on
Diaspora engagement strategies.
3.3.2

Ministry of Labour, Social Security and Services

The Ministry of Labour, Social Security and Services will provide the necessary
legislative, policy, administrative and institutional framework for effective
management of labour migration issues. To achieve this, the Ministry will
review the Labour Institutions Act, 2007 to make provision for Kenyan private
employment agencies to register with the Kenya Association of Private
Employment Agencies (KAPEA) before receiving accreditation. The Ministry willfurther issue and gazette Regulations and Guidelines on operations of private
employment agencies and attestation of foreign contracts of service. The
Ministry will also review the Employment Act, 2007 to make it mandatory for
Kenyan Recruitment Agencies engaging Kenyans to work abroad to deposit26

a bank guarantee as stipulated in the prevailing regulations on accreditationof private employment agencies. The Ministry will also develop a Policy andestablish a Labour Migration Unit to deal with labour migration issues.
Similarly, the Ministry will develop and maintain a skills inventory from the
Manpower Survey and update it regularly with a view to facilitating online
access by stakeholders, to data on labour market and other related information.
The Ministry will establish a labour migration data base which will be regularly
updated and accessible to all relevant government institutions for decision
making. In addition, the Ministry will facilitate knowledge and skills transfer
and partner with relevant Ministries to facilitate signing of Bilateral Labour
Agreements to ensure fair working conditions as well as enable Kenyans working
abroad to transfer their social security benefits.
3.3.3

Ministry of Devolution and Planning

The Ministry will ensure that issues of Kenyans Abroad are mainstreamed in
the national development agenda. Accordingly, the Ministry will ensure thatall Government agencies will integrate in their policies and programmes theobjective of maximizing the empowerment and contribution of Kenyans Abroad.
The Ministry will facilitate employment of youth in the international market
as required under the Youth Enterprise Development Fund Order 2007 incollaboration with the Ministry of Labour, Security and Services; Ministry ofForeign Affairs and International Trade and employment agencies throughidentification and contracting accredited Kenyan Recruitment Agencies forforeign employment. The Ministry will continue to identify, source, advertiseand match successful applicants with international job opportunities, including
pre-departure training, profiling and carrying out monitoring and evaluation.
The Ministry will also develop indicators for monitoring and evaluation within theframework of the National Integrated Monitoring Evaluation System (NIMES).
The KNBS jointly with the Ministries of Foreign Affairs and International Tradeand the Department of Immigration and Registration of Persons will set up,
maintain and update a database on Kenyans Abroad as part of the Integrated
Diaspora Information System. Further, the Kenya Institute for Public Policy
Research and Analysis (KIPPRA) will undertake research to inform public policy
on issues affecting Kenyans Abroad.

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3.3.4

Ministry of Interior and Coordination of National Government

The Ministry will provide a policy framework on immigration of Kenyans abroad.
The Ministry will facilitate the processing of passports and other documents ofregistration such as birth certificates and national identity cards to Kenyans living
abroad. To be more effective in the provision of the services mentioned above,
the Ministry will open up more passport issuance centres at Kenya Diplomatic
missions abroad and strengthen the overseas passport issuance section at theimmigration headquarters.
3.3.5

The National Treasury

The National Treasury will provide an enabling environment and facilitate
incentives aimed at increasing participation of Kenyans Abroad in nationbuilding. In this regard, the National Treasury will liaise with stakeholders suchas CBK, KenInvest, CMA, RBA, IRA and KRA to enhance investor educationand public awareness, reduce the high cost of remitting money and develop
investment products targeting at Kenyans abroad. In addition to the foregoing,
the National Treasury would be expected to provide incentives for Kenyans
abroad to establish philanthropic initiatives
3.3.6

Ministry of Education

In supporting Kenyans Abroad the Ministry will undertake the following:• Develop a sector wide Integrated Education Management Information
System that will institutionalize data sharing, validation and usage acrossgovernment institutions and agencies. This will profile Kenyan students
abroad and keep records of those facilitated to study abroad.
• Integrate ICT in teaching and learning across all levels of education andtraining, and provide e-learning to enable access to information and facilitate
networking between Kenyan educational institutions and Kenyans Abroad.
• Create awareness on the Ministry web portal on the educational resources
available to Kenyans within and outside• Promote Kenyan culture and heritage through national and regional sports,
games, and music and drama festivals and encourage Kenyans Abroad toparticipate.
• Reform National Assessment and examinations, and promote exchange
programmes between Kenyan institutions and those from other countries
whilst marketing Kenyan institutions of higher learning.
• Engage partnerships and collaborations with Kenyans Abroad in investing in
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•
•

•

the National Education Sector support programmes.
Advise Kenyans with an aim of seeking employment abroad on the mostmarketable courses to study
Kenya missions abroad to provide information to the Ministry on skills
required in their countries of accreditation in order to encourage theproduction for such skills for export.
In partnership with relevant stakeholders, implement public education
programmes aimed at creating awareness to parents/students travelling for
further studies abroad.

3.3.7

Ministry of Information and Communication Technology

The Ministry will play a major role in creating publicity and awareness throughelectronic, print and social media on the events taking place abroad. The
Ministry will also facilitate branding of events for Kenyans Abroad throughthe Brand Kenya Board. In addition, the Ministry will formulate appropriate
information and communication technology policies to facilitate access of
information by the Kenyan communities abroad. Further, the Ministry will
enhance telecommunication infrastructure in order to facilitate universal
access to information and enable Kenyan communities abroad to enhancecommunication and networking.

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3.3.8

Ministry of East African Affairs, Commerce and Tourism

The Ministry
will provide accurate information on tourism investment
opportunities such as culture and heritage, home stays, agro-tourism, MICE
tourism, youths and sports, medical tourism, resort cities, and accommodation
facilities in emerging tourism circuits; offer investment incentives in the tourism
industry; work closely with relevant bodies like Kenya National Bureau of
Statistics, Brand Kenya, Kenya Tourism Board and Tourism Research Institute toprovide accurate and timely information on tourism trend/performance and toprovide existing and potential tourism attractions, facilities and profiling tourism
related database for decision making purposes.
In this regard, the Tourism Regulatory Authority will develop a framework ofenabling Kenyans Abroad to leverage on tourism business start-ups. The Kenya
Tourism Board will also develop a “Kenya Tourism Ambassadors Programme”
aimed at empowering Kenyans Abroad to support promotion of tourism in thevarious countries. KTB will also provide a clear link and partnership frameworkon strategic partnerships through their respective agencies in the tourism source
markets. KTB will also develop special Diaspora tourism packages targeting
Kenyans abroad to encourage Kenyan Diaspora tourism and boost the tourism
earnings, especially during the low season.
3.3.9

Ministry of Health

The Ministry of Health will contribute to the implementation of this Policy byarticulating opportunities for Health Professionals abroad in order to contributeto the implementation of health related aspects of the Kenya Vision 2030.
Working with other government agencies the Ministry will maintain and sharea database of qualified health professionals especially those with skills that are
not available or inadequately represented in Kenya so that whenever required,
they could be called upon to contribute to improving the health of Kenyans.
Through implementation of the E-health strategy the Ministry will work with
relevant healthcare professionals to promote telemedicine to enhance thequality of healthcare provision in Kenya.
Further to this, the Ministry will provide direction on investment areas forthe local production of essential health products and technologies such as
pharmaceuticals, medical equipment and devices. The Ministry will also explore
ways of working with healthcare professionals abroad to carry out clinical trials
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on health technologies that can improve the health of Kenyans. This will further
be enhanced through health diplomacy where Kenyans Abroad in collaboration
with healthcare and medical professionals both in host countries and in Kenya
will promote free health camps and conferences in Kenya for the benefit of all
Kenyans but more particularly targeting the poor citizens. Further, the Ministry
will market the concept of medical tourism.
3.3.10 Independent Electoral and Boundaries Commission (IEBC)
The IEBC shall work towards fulfilment of constitutional provisions by providinga policy framework for the realisation of progressive registration of Kenyans
Abroad. The IEBC will also work closely with the Ministry of Foreign Affairs andInternational Trade and Department of Immigration and Registration of Persons
as well as build partnerships with stakeholders to implement the provisionsof the Constitution of Kenya. In this regard, the Commission, in collaboration
with the Ministry of Foreign Affairs will update the voters’ database for Kenyans
Abroad.
3.3.11 Ministry of Sports, Culture and the Arts
The Ministry will work to promote Kenyan talents abroad in sports and arts
as well as promote Kenyan culture through Missions, Consulates and Kenyan
associations abroad. Mechanisms will be put in place to work with the Africa
Union to promote Kiswahili as continental and international language.
3.3.12 County Governments
The County Governments will play a central role in facilitating participation of
Kenyans Abroad in county development. The Ministry of Foreign Affairs andInternational Trade will develop an engagement framework to facilitate closer
partnerships with the County Governments to ensure that strategies outlined inthis policy are realised. Counties will also be expected to come up with tailormade incentives and investments targeted at Kenyans Abroad such as exclusive
investment zones.
3.3.13 Associations of Kenya Communities Abroad
The Government through its consular services is committed to encouraging
formation and strengthening the existing Associations of Kenyans Abroad sothat they can feel motivated to support national development agenda.The
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Government recognizes the significance of these Associations in promoting
issues of Kenyans Abroad through structured dialogue.
The Kenyans Abroad will be required to form country umbrella associations
and register them with Kenyan Diplomatic missions abroad in order to enhance
engagement between them and government. They will also be expected toembrace patriotism and participate in promoting and marketing Kenya.
3.3.14 Retirement Benefits Authority
The Government through RBA will establish a Diaspora Retirement Savings
Scheme which will provide a structured and secure mechanism upon which
the Diaspora will save and invest in opportunities to be found in the country.
Further the channel will mobile funds through remittances for socio-economic
development.
3.3.15 Development Partners
The Government recognizes the significance of a collaborative and partnershipapproach in mobilizing, allocating and utilizing resources for mainstreaming
Kenyans Abroad in the national development agenda. In this respect,
development partners will support and supplement the Government and otherstakeholders in their respective roles in terms of financial, logistical and technicalsupport within the framework of this Policy.
3.3.16 MediaThe Government recognizes the critical role of media in publicizing and educating
the public. Awareness creation is imperative in showcasing the development
contribution of Kenyans Abroad. In this respect, the Government will
collaborate with the media and Communities of Kenyans Abroad in highlighting
and educating Kenyans on the important role of the Kenyans Abroad. Labour
migration issues as well as keeping Kenyans abroad informed of the events andprogrammes at home through appropriate channels will be highlighted.
Close collaboration with the diverse Kenya owned media channels abroad will
be evolved to ensure their empowerment as well as effective communication to
Kenyans abroad.

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CHAPTER
FOUR
MONITORING AND EVALUATION

33

MONITORING AND EVALUATION
An effective Monitoring and Evaluation system is critical for successful
implementation of this policy. To this end, monitoring and evaluation of thisPolicy will be undertaken within the framework of the National Integrated
Monitoring and Evaluation System (NIMES). The Framework will provide
for regular consultation and feedback between Agencies entrusted with theimplementation of this Policy.

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