International Labour Organization 


1.0 Introduction


International labour migration has emerged as a major global issue that affects most nations in the world and ranks high on the international, regional and national policy agendas. On the one hand, there are many positive aspects to cross-border migration. Through their labour, migrant workers contribute to growth and development in their countries of employment. Their countries of origin greatly benefit from these workers’ remittances and the skills they acquire during their migration experience. Yet the migration process also poses serious challenges. Many migrant workers, especially low-skilled workers, face exploitative working conditions and enjoy only limited human and labour rights.

The importance of labour migration to individual employers and to employers’ organizations is evident. At both ends of the international migration process, employers have an important stake in ‘what kind’ and ‘in how’ much labour migration takes place. Employers in countries of destination have a primary interest in accessing a pool of workers with the skills they need. Labour migration can bring relief to skills shortages, help stabilize costs and maintain competitiveness. Employers in countries of origin also have an interest in labour migration governance. In many countries the returnee migrants are seen as brain gain. Their expertise, experience and acquired skills can be harvested to enrich the national pool of skilled human resources through training, transfer of technology and knowhow. However, the countries of origin also have a stake in ensuring that there is no excessive loss of their own skilled workers, technicians, and professionals in whose training they may have invested heavily[1].

Businesses are frequent users of national migration systems and have a practical understanding of the way immigration laws, procedures, and policies work at national level in countries where they operate. The knowhow of these employers of emerging market and staffing trends can be a valuable source of information to governments and international organisations. National, sub-regional and regional employers’ federations can be key partners to governments in the formulation and implementation of Labour migration policies.

1.1 Employers and Business Membership Organizations (EBMOs) and Labour Migration

The interactions of Employer and Business Membership Organizations (EBMOs) with the local authorities and national governments are key to ensure a coherent approach for effectively addressing the Labour market realities. The participation of the private sector as a major stakeholder is legitimate to the development of well-regulated Labour migration systems. Often Labour migration policies do not quickly respond to the evolving skills needs accelerated by technology and innovation. Countries with skills or occupational lists as selection criteria present challenges for employers because such lists often lag behind current demand and inadequately forecast future skills needs. For efficient and effective migration frameworks, governments need to consult with employers to determine the appropriate balance of selection criteria, including salary, skills, and qualifications requirements. EBMOs across Africa, to a large extent, are not engaged in the process of either developing the national migration policies and frameworks or in cross-border recruitment policy and Bilateral Labour Agreements. Lack of dialogue between the EBMOs and the governments can be compounded in the absence of whole of government and/or whole-of-society approach to address different aspects like skills needs, Labour market assessment, education policy.

In recent years, the Kenya employers and workers have increased their involvement in labour migration policy. The Federation of Kenya Employers (FKE) is the national umbrella body and the voice of employers in Kenya. FKE is the most representative employers’ organization in the country, representing the employers’ interests both locally and internationally. FKE offers services to its members and acts as the secretariat to all registered businesses, enterprises, and employer associations in Kenya. FKE’s key mandate includes but is not limited to Labour relations management, Legal advice & representation including in the Employment and Labour Relations Court (ELRC), policy advocacy and advice on Labour and social policy implementation. The Federation also represents employers including Private Employment Agencies (PrEAs) in the National Employment Authority (NEA) Board. The board discusses matters relating to Labour migration policies, migrant workers welfare, regulation of Private recruitment agencies, and skilling of migrant workers among others. Accordingly, the Federation of Kenya Employers with the support of the ILO through the Better Regional Migration Management Programme funded by UK FCDO seeks to engage the service of a national consultant to carry out an assessment on the role of employers in improving labour migration governance in Kenya and existing gaps.

2.0 Objectives


The objective of the assignment is to carry out a comprehensive assessment of the role of employers in improving labour migration in Kenya, including the existing role FKE is playing in improving labour migration governance and the gap.

More Specifically,

  1. Review existing legal and policy frameworks on labour migration in Kenya and document the mandate given to employers and or lack thereof in labour migration governance.
  2. Undertake a review of labour migration trends in Kenya through an employer perspective with a focus on key issues of concern/interest to employers.
  3. Identify labour migration-related priorities from Kenya employer’s perspective.
  4. Review FKE policy, practice, strategy and other relevant documents of the organization to see if the issue of labour migration, including fair recruitment has been addressed/mainstreamed, identify the gap and make recommendation.
  5. Carry out an in-depth assessment on the role of private recruitment agencies in Kenya and their affiliation to FKE.
  6. Carry out a review of existing literature (published, programme documents) of policies, practices, guides on role employers play in labour migration governance, identify good practices for replication in Kenya.

3.0 Scope of work


The Consultant will undertake the following tasks:

  • Analysis of current context of migration in Kenya
  • Systematic review of recent data on current support offered by FKE to private employment agencies in Kenya and identify the gaps.
  • Review literature on employers’ best practices in ensuring protection of migrant workers and improving labour migration governance regionally, continentally, and globally.
  • Getting the views of private employment agencies, migrant workers, County governments and National governments on the subject matter.
  • Carry out stakeholder engagement on the role and opportunity for FKE in the promotion of safe, orderly, and regular labour migration.
  • Come up with recommendations for stakeholders that will address the gaps, support, and improve labour migration governance including the protection of migrant workers.
  • Document and disseminate final report.

4.0 Methodology


  • Desk review, including mapping of relevant stakeholders and their roles and responsibilities.
  • Key informant interviews (KIIs) with relevant stakeholders, to be agreed with ILO and the FKE.

5.0 Deliverables


Below are major deliverables.

  1. Inception report including his/her understanding of the assignment, detailed methodology notes, research and analysis tools and a realistic and detailed workplan by December 7, 2023
  2. First draft of the report by January 10, 2024
  3. Delivery of presentation in a workshop with FKE staff and ILO to validate research findings by January 15, 2024
  4. Policy brief summarizing major finding and recommendations on how best employers can engage on improving labour migration governance based on international best practices by January 20, 2024
  5. Final full report, incorporating feedback from the validation w/shop as well as ILO and FKE by January 30, 2024
    1. Reporting

The international consultant will work under the overall supervision of the CTA, BRMM Project with line reporting to the designated official of the FKE.

The ILO and FKE will review progress of the work and provide feedback as necessary and ensure payment of agreed amounts, based on performance and deliverable assessment(s).

6.0 Payment Schedule


Payments will be made upon submission of quality and agreeable deliverables with associated invoices.

  1. 30% upon submission of inception report including his/her understanding of the assignment, detailed methodology notes, research and analysis tools and a realistic and detailed workplan.
  2. 30% upon submission of first draft of the report
  3. 20% upon delivery of presentation in a workshop with FKE staff and key constituents to validate research findings.
  4. 20% upon submission of final full report and incorporating feedback and a policy brief summarizing major finding and recommendations.

7.0 Duration of the Assignment

The consultancy work will take 30 days within a period of two months. The assignment is expected to be undertaken between 01 December 2023 – 30 January 2024.

8.0 Qualifications and Expertise required.


  • Post-graduate degree in Social Sciences, Migration Studies, Business, Economics, Statistics or related field.
  • Minimum of 10 years relevant professional experience in research and labor migration/ labour market studies.
  • Strong background and experience in data collection and analysis.
  • Technical expertise in assessing issues of labor migration/ labour market and the ability to draw strong and valid conclusions and recommendations.
  • Strong knowledge of labour migration is essential.
  • Excellent communication and report writing skills.

9.0 Evaluation Criteria

The successful candidate will have a mix of expertise and qualifications in the focus areas related to this assignment. Evaluation of the suitability of the Consultant to work on this assignment will

be made against the following technical criteria:

Evaluation Criteria

Maximum mark

A. Expertise/Qualification

Post-graduate degree in Social Sciences, Migration Studies, Business, Economics, Statistics or related field. 10

Minimum of 10 years relevant professional experience in research, data collection and analysis and labor migration/ labour market studies 10

Experience working and interacting with UN agencies and government agencies, in particular the ministry of labour, ministry of immigration or interior, as relevant 10

Maximum Points 30

B. Proposed approach to deliver the ToR’s scope of work

Applicant demonstrates (via submitted technical proposal) their technical expertise in assessing issues of labor migration/ labour market and the ability to draw strong and valid conclusions and recommendations. The technical proposal includes a realistic action/work plan. The evaluation to assess the understanding of scope, objectives, and completeness of response. 40

Consultant’s overall understanding of the assignment and quality and responsiveness of the proposed methodology and approach. 30

Maximum Points 70

Total for Both Section A (30 Points) and Section B (70 Points) 100

Minimum Acceptable Score for the Proposal to be considered for financial evaluation. 70

10.0 Application Procedure and Requirements:

Interested consultant must submit the following documents/information:

  • Technical Proposal, specifying the understanding of the assignment, methodology, approach, proposed work and management plan, qualifications, and relevant experiences of the consultant; Sample(s) of accredited publication(s)/reports of similar work done previously. CV, indicating all experience from similar assignments, as well as the contact details (email and telephone number) of the candidate and at least three (3) professional references.
  • Financial proposal, the interested consultant is requested to provide a financial offer in KSH that is deliverable based and includes separately professional fees related to the activity and costs for field mission dates and days, travel cost and daily allowance if needs be.


[1] LO: Labour migration policy and management: Training modules. International Migration Programme and Sub regional Office for East Asia, Bangkok, International Labour Office, 2005.

How to apply

Interested national individual consultant can send questions if any to the ILO’s Procurement Unit in Addis Ababa, Ethiopia ( until 13 November 2023. Questions will be answered and shared with the interested organizations by Close of Business 14 November 2023.

Completed technical and financial proposals are to be submitted to by Close of Business on 20 November 2023.


This is not a job post. Only individual consultant who submits a technical and financial proposal will be considered.

Offers from a firm and a group of individual consultants will not be considered.