Unlike the past when organizations would hire employees based on their Curriculum Vitae, times have changed and most organizations have now introduced pre-employment screening, including conducting background checks on preferred applicants. Employee background checks are essential because they help Employers make informed decisions on who they hire.
In most cases, pre-employment background checks cover the following areas:
Identity verification – To confirm that the applicant is who he/she says they are. Employers may request an Employee’s copies of their National ID and KRA Pin Certificate.
Criminal history – This helps to inform the employer of the character of the applicant. In Kenya, Employers may verify an applicant’s criminal history through the applicant’s Certificate of Good Conduct. The Certificate of Good Conduct is issued to verify that the particular individual has been searched in the criminal records of Kenya, and no criminal record has been traced.
Employment history – This is done to help Employers assess an applicant’s work experience. A record of the employment history will be derived from the applicant’s CV and the Employer is able to determine the applicant’s previous employers, what position they held in their previous workplaces, and how long the applicant worked.
Education background – This can be done in order to verify the accuracy and authenticity of an applicant’s education certificates.
Certification of Professional Licenses – This ensures that an applicant is qualified and possesses the licenses or certifications required in their particular industry. E.g., All advocates are required to have a valid practicing certificate issued by the Law Society of Kenya in order to practice in Kenya. On the other hand, Doctors must have a retention license issued by the Kenya Medical Practitioners and Dentists Council to practice medicine in Kenya.
Credit check – Employers may conduct a credit background check to assess an applicant’s financial responsibility, integrity, and trustworthiness, particularly for roles that involve handling sensitive financial information, accessing company funds, or working in positions of high financial responsibility. In Kenya, employers verify such information by requesting an applicant’s CRB Clearance Certificate.
Are background checks legal in Kenya?
Recently, the Employment (Amendment) Act No. 15 of 2022 amended Section 9 of the Employment Act. Section 9 of the Employment Act now provides that an employer may request a job applicant to submit any clearance or compliance certificate only where they make a job offer and intend to enter into a written employment contract. In addition, an employer is at liberty to withdraw the employment offer where the job applicant does not satisfy the provisions of Chapter Six of the constitution or fails to provide the requested clearance and compliance certificates.
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Disclaimer
This article is for informational purposes only and should not be construed as legal advice.
