How new Kenyan law could protect civil servants from forced transfers

The Employment (Amendment) Bill 2023, currently before Kenya's Parliament, aims to protect civil servants from forced transfers, offering them more time to prepare, receive relocation payments, and ensuring transfers are carried out fairly. Sponsored by Kimilili MP Didmus Barasa, the bill passed its second reading on August 12, 2026, and will now go to the Committee of the Whole House for further amendments.

The proposed law would require employers to give employees adequate notice before a transfer, allowing them to prepare for practical aspects like housing, schooling, and family arrangements. Employers would also need to explain the implications of a transfer on an employee's contract of service. The bill also proposes paying employees in advance before a transfer is effected, helping them cover relocation costs without moving prematurely.

One of the bill's main goals is to prevent transfers from being used as a means of punishment. MPs have expressed concerns that employees have been moved due to conflicts with superiors rather than genuine operational needs. The bill seeks to ensure transfers are conducted in good faith, with legitimate workplace reasons, and do not cause unnecessary demoralization or disruption to employees' family lives.

Additionally, the proposed changes could provide safeguards for civil servants with medical needs. Those facing transfers due to medical conditions would have time to assess if appropriate healthcare services are available at their new station. The bill also protects employees facing disciplinary proceedings from being transferred until the proceedings are concluded and all appeals have been exhausted, ensuring they are not penalized during such sensitive situations.