Fair Treatment

This page was last updated on: 2021-03-18

Equal Pay

In accordance with the Constitution of Kenya, all human being are born equal and are equal before the law. The Constitution  recognizes the right to fair remuneration.

The Employment Act, 2007  requires every employer to ensure that men and women workers are paid equally for work of equal value. It is also a liable offence to discriminate in remuneration matters.

Source: § 27 & 41 of the Constitution of Kenya 2010; §5(5 & 6) of the Employment Act 2007


The Constitution of Kenya prohibits discrimination either directly or indirectly against any person on the basis of race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

Employment Act, with specific reference to employment, states that person's access to any institution, employment or facility, or the enjoyment of any right may not be denied because of person's belief or religion. The Act further prohibits employer from discrimination against a current or a prospective worker on the basis of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, pregnancy, mental status or HIV status. Discrimination in the process of recruitment, training, promotion, terms and conditions of employment, termination of employment and other matters related to employment is not allowed.

Anti-union discrimination and discrimination against person with disabilities is also prohibited under  the Labour Relations Act and Persons with Disabilities Act 2003 respectively. In accordance with Persons with Disabilities Act, no person can deny a person with a disability access to opportunities for suitable employment. A qualified employee with a disability is subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as qualified able-bodied employees. An employee with a disability is entitled to exemption from tax on all income accruing from his employment.

The  National Council for Persons with Disabilities endeavors to ensure the implementation of five percent quota for persons with disabilities in all casual, emergency and contractual positions in employment in the public and private sectors.

Source: §27 & 32(3) of the Constitution of Kenya 2010; §5(3) of the Employment Act 2007; §5 of the Labour Relations Act 2007; §12-13 of the Persons with Disabilities Act 2003

Equal Choice of Profession

Women are not allowed work in the same industries as men (especially mining sector).

Source: §91 of the Employment Act  2007

Regulations on Fair Treatment

  • Employment Act, 2007
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