Managers to pay hefty fine for hiring unqualified HR staff

Managers of companies found to have hired non-qualified human resource personnel after June 30 face a fine, a jail term or both.

Recruitment agencies asking for money from jobseekers have also been put on notice.

The Institute of Human Resource Management (IHRM) said all firms with a large number of employees, on permanent or contract basis, must ensure employee-related issues are handled by qualified HR staff.

Qualified practitioner

IHRM executive director Dorcas Wainaina said Kenyan laws stipulate that any manager hiring or handling employee issues must be a qualified practitioner.

“We are aware that some managers come to Kenya for short-term stints and we have written to their oversight bodies as well as common interest association requesting that they abide by the law,” she said.

“It is a criminal offence where one found liable would pay a Sh200,000 fine or serve a two-year jail term. Where the offender is found unremorseful or repeats the same offence, he risks paying the fine and serving the custodial sentence.”

The institute started recruiting its members after the IHRM Act, assented into law in 2012, came into effect after its board was constituted and regulations gazetted.

Grace period

The process took three years to 2015 before coming into force in 2016 after which it gave a six-month grace period that has been extended twice to end of June.

“Starting July, HR certificate and diploma examinations will be set out and marked by our examination board. No longer shall Kenyan employers recognise certificates issued by foreign examination bodies,” said Ms Wainaina.

The State agency has also engaged local public and private universities in forming partnerships that will help IHRM fast-track the launch of HR degree courses.

Ms Wainaina said HR professionals found to have acted against organisation principles face penalties. Their operating licences could be suspended or permanently revoked, she said.

“Aggrieved employees can lodge complaints with our office over illegal sackings, redundancies and or any unfair practices meted against them. Where an employee is wrong, no one should assault or abuse them as they have rights too,” she said.

Interview fees

Ms Wainaina, who took office last February said no recruitment agency should demand application or interview fees from jobseekers saying those found doing so would be dealt with ruthlessly.

Currently, the State agency has six branches in Eldoret, Kisumu, Nakuru, Kericho, Machakos and Thika with more planned across all counties to help sensitise employers and employees on the need to have HR professionals within a company.

IHRM is seeking partnerships with some institutions which will be used as examination centres in July.