The Immigration Department earlier today asked Kenyans to report anyone working in Kenya without a valid work permit. The Tweet reminded me of a story that I have struggled to understand for a while. It touches on the origins of Zuku Triple Play and the leadership at Wananchi Group at the time.
If you suspect any foreigner working in Kenya without a work #permit, Kindly report, action will be taken. #AskImmigrationKE
— Immigration Kenya (@ImmigrationDept) April 27, 2017
Foreign nationals working in Kenya need a work permit in order to work or run a business. It is therefore illegal to work or trade without a valid work permit. On work permits, the Immigration Act states that;
53. (1) A person who—
(m) not being a citizen of Kenya, engages in any
employment, occupation, trade, business or
profession, whether or not for profit or reward,
without being authorized to do so by a work permit,
or exempted from this provision by regulations made
under this Act;
On August 11, 2010 Wananchi Group announced via a press release that they had appointed Peter Reinartz as the Managing Director for its Kenyan operations. The press release stated that the 49-year-old Belgian National had more than 25 years experience in the “Quadruple Play” services including telecom (fixed and mobile), broadband and content. His main focus, it added, would be the roll out of a new Hybrid Fiber Coax (HFC) network and on commercializing Zuku Triple Play services.
He took over as the MD of the company soon after the appointment was announced. A media invite for the launch of the Zuku Triple Play service was sent on November 30, 2010 from Hill & Knowlton PR firm. It listed Reinartz as one of the key people that would be in attendance. At the media event on December 1, 2010 the company launched the first triple play service in Africa under his supervision. He was quoted in several articles speaking on behalf of the company about the new service.
Reinartz however, didn’t have a valid work permit.
Reinartz had applied for a work permit on 13th August 2010. The Permit Committee met and deliberated on his permit on 1st February 2011 and they approved it on 2nd February 2011. Payment for the permit was made on 25th February 2011 and the permit was then issued. Before the issue of the permit, Reinhartz could not legally work in Kenya.
Wananchi Group was aware of Reinartz’s work permit situation because they processed it on his behalf through their HR department. It is unclear why they allowed him to work without a valid work permit. The Immigration Department was made aware of the issue by a Wananchi Group ex-employee but it is unclear whether they took any action.
Considering that working without a permit is against the law, it seems to be an offence that doesn’t attract swift legal action in Kenya. Reinartz is not the first foreigner to flout work permit regulations as there have been others who routinely do the same. Kenyans cannot do the same in other countries as the repercussions are unforgiving. Hopefully, this new effort by The Immigration Department will herald an era of law abiding when it comes to foreign workers.