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” 10

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