# Background Check Consent Form (Kenya Template)

> A background check consent form template for Kenyan employers, what the Data Protection Act 2019 requires it to say, and how to collect consent.

Original page: https://cazini.co.ke/guides/background-check-consent-form-kenya  
Updated: 2026-11-03 · Cazini (Paul Omondi)

Under Kenya's **Data Protection Act 2019**, a background check consent form should tell the candidate **exactly what you will check, why, who will see the results and for how long**, and get their **express agreement** - by a signature or a clear affirmative action. The employer must be able to **prove** consent was given, and the candidate can **withdraw** it at any time.

Below is what the law requires, followed by a template you can adapt.

## What the law requires

**Consent must be specific and informed.** The Act defines consent as an "express, unequivocal, free, specific and informed" indication of the person's wishes, given "by a statement or by a clear affirmative action". A clause buried in an application form that says "we may check anything" is not enough.

**You carry the burden of proof.** Section 32 says the data controller - the employer - "shall bear the burden of proof for establishing a data subject's consent". Keep the signed form, or the record of the online confirmation.

**Consent can be withdrawn.** Section 32 gives the candidate the right to withdraw consent at any time. Withdrawal does not affect checks already done lawfully, but you must stop.

**Consent must be free.** When judging whether consent was freely given, the Act looks at whether something is made conditional on consent to processing that is not necessary. Ask only for checks the role genuinely needs.

**Tell the candidate before you collect.** Section 29 requires you to inform the person, before collecting their data, of: their rights; the fact that data is being collected; the purpose; any third parties it goes to and the safeguards; your contact details; your security measures; whether providing it is voluntary or mandatory; and the consequences of not providing it.

**Collect only what you need, and keep it only as long as you need it.** Data must be adequate, relevant and limited to what is necessary (section 25), and kept only as long as reasonably necessary for the purpose (section 39), then deleted or anonymised.

## What the candidate's rights are

Section 26 gives every data subject the right to be informed of how their data is used, to access it, to object to processing, and to have false or misleading data corrected or deleted. Your form should say so, and tell them how to contact you.

## Background check consent form - template

> **[Company name]**
> **Consent to background checks**
>
> **Candidate:** [Full name] **ID number:** [ID number]
> **Role applied for:** [Job title]
>
> **1. Who is asking.** [Company name] ("we"), [postal address], [email], [phone], is considering you for the role above.
>
> **2. Why.** We will use the checks below only to assess your suitability for this role.
>
> **3. The checks we will run** (tick each one):
> - [ ] **Identity:** your ID details checked against Kenya's national registration records.
> - [ ] **KRA PIN:** your PIN checked against KRA's records.
> - [ ] **Education:** your [highest qualification] confirmed with [institution / KNEC].
> - [ ] **Employment history:** your previous employment confirmed with [employer names].
> - [ ] **References:** structured questions to the referees you have named.
> - [ ] **Criminal record:** verification of your certificate of good conduct, or a criminal record check.
> - [ ] **Professional registration:** your registration with [professional body].
>
> **4. Who will see the results.** Only [the hiring manager and HR team]. [We use [provider name], a background-check provider, to run these checks on our behalf, under a written agreement that protects your data.]
>
> **5. How long we keep them.** We will keep the results for [period, e.g. six months after the hiring decision] and then delete them, unless you join us, in which case relevant records go to your employee file.
>
> **6. Your rights.** You may ask to see the results, correct anything false or misleading, object to processing, and **withdraw this consent at any time** by writing to [email]. If you withdraw, we will stop further checks.
>
> **7. If you do not consent.** Giving consent is voluntary. If you do not consent to a check the role requires, we may be unable to continue your application for this role.
>
> **8. Security.** We store the results securely and limit access to the people named above.
>
> **Declaration:** I have read this form. I consent to the checks I have ticked above, for the purpose described.
>
> **Signature:** ........................ **Date:** ............

## How to use the form well

- **Send it early**, with the offer process or at shortlisting, so candidates are not surprised.
- **Tick only the checks the role needs.** A criminal record check for a cashier is justified; for every role it may not be.
- **Keep the signed copy** with the candidate's file - it is your proof of consent.
- **Act on a withdrawal straight away** and record the date.
- **Delete on schedule.** Diary the retention date you promised.
- **Give candidates a chance to explain** anything a check turns up before you decide.

For the full process from deciding which checks to run to deleting results, see [how to run a legal background check in Kenya](https://cazini.co.ke/guides/legal-background-check-kenya).

> **Electronic consent works too.** An online form where the candidate reads the information above, ticks an unticked box for each check and submits it is "a clear affirmative action" - as long as you keep a timestamped record of what they agreed to.

## How Cazini helps

Cazini collects the candidate's consent for you before any check starts - sending them a secure link that explains each check, records their agreement with a timestamp, and keeps it with the results. See [background checks](https://cazini.co.ke/background-checks) and our [trust page](https://cazini.co.ke/trust).

## Sources

- [Data Protection Act, 2019 (PDF)](https://www.kentrade.go.ke/wp-content/uploads/2022/09/Data-Protection-Act-1.pdf)
- [Data Protection Act, 2019 - Kenya Law](https://new.kenyalaw.org/akn/ke/act/2019/24/eng@2022-12-31)

## Frequently asked questions

### Do I need consent for a background check in Kenya?

Consent is the clearest lawful basis for background checks under the Data Protection Act 2019, and for checks such as criminal records it is expected in practice. Consent must be express, unequivocal, free, specific and informed, and the employer must be able to prove it was given.

### What should a background check consent form include?

Who is checking, the purpose, each check you will run and the sources you will contact, who will see the results and any third party involved, how long you will keep them, the candidate's rights, how to withdraw consent, and a clear signature and date.

### Can a candidate withdraw consent for a background check?

Yes. The Data Protection Act gives a data subject the right to withdraw consent at any time. Withdrawal does not make checks already done unlawful, but you must stop further checks.

### Can consent be given electronically?

Yes. Consent can be given by a statement or a clear affirmative action, such as ticking an unticked box and submitting an online form, as long as it is specific and informed and you keep a record of it.