by facilitating and promoting equality of opportunity, good relations, harmony and peaceful coexistence between persons of the different ethnic and racial communities of Kenya.
20. To curb discrimination in employment the Employment Act, Cap 226, Cap 226, Laws of Kenya enacted in
2007 protects persons from discrimination in the employment sphere. It prohibits discrimination in
employment within three main aspects: (i) promotion of equality of opportunity in employment; (ii)
elimination of discrimination in any employment policy or practice, including against prospective
employees based on their race, color, sex, ethnic origin, HIV status, disability, pregnancy; and (iii) the
payment of equal remuneration for work of equal value. The Act further mandates the Minister for
Labour, Social Security and Services to promote and guarantee equality of opportunities in
employment for all persons including migrant workers and members of their families who are lawfully
in the country.
21. VMK vs CUEA (2013) eKLR was filed by a claimant against her employer in the Industrial court for
discrimination. The suit challenged HIV discrimination in the work place and dealt with a telephone
operator who had been dismissed from employment due to her pregnancy and on the basis of her HIV
status after she was tested without her consent and the information disclosed to her colleagues and
superiors who used the same to deny her benefits enjoyed by other employees and failed to confirm
her as a permanent and pensionable employee eventually terminating her services. The case sought to
challenge the right to non-discrimination, right to work, right to informed consent, and right to privacy
and confidentiality. It was concluded in 2013 and the petitioner awarded KES 6,971,346/(Approximately USD 78,772/-) as compensation. The court made relevant declarations in relation to the
right to work, non-discrimination and informed consent in the context of HIV.
22. With regard to the general elimination of discrimination against persons with disabilities the Country
has developed a draft National Policy on Disability. The policy seeks to eliminate disparities in service
provision and to ensure that services are available to all citizens with disabilities. The policy has
identified 21 policy targets and states five principles to guide its planning, implementation and
monitoring. The five principles are; equalization of opportunities, human rights approach to the
disability agenda, mainstreaming, accessibility and gender. Among the key components of the policy
are prevention, awareness and public education; early identification and intervention; rehabilitation;
education; and training. Other important elements are economic empowerment; culture; sports and
recreation; health; HIV/AIDS; income maintenance and social support; transport; housing; and
information and communication.
23. In addition, the policy encompasses registration; protection and legal services; organizations of persons
with disability (PWDs); assistive devices and services; research and appropriate technology; and
religion. It was recognized that successful implementation of the policy would require strong
administrative structures, adequate resources, review of existing policies and legislation, formulation
of new policies, enhanced local and international collaboration, monitoring and evaluation.
24. The Persons with Disabilities Act 2003, Cap 133, Laws of Kenya has undergone various reviews to
reinforce its mandate which seeks to “provide for the rights and rehabilitation of persons with
disabilities; to achieve equalization of opportunities for persons with disabilities; to establish the
National Council for Persons with Disabilities; and for connected purposes”
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