Non-Discrimination
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 a person's access to any institution, employment or facility, or the enjoyment of any right may not be denied because of a person's belief or religion. The Act further prohibits an employer from discriminating 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 persons with disabilities is also prohibited under the Labour Relations Act and Persons with Disabilities Act 2003 respectively. In accordance with the 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 endeavours 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.
Persons with Disabilities Act was enacted in 2025 which has repealed the 2003 law. As indicated above, the Persons with Disabilities Act, 2003, provided non-discrimination principles and established the National Council for Persons with Disabilities, but obligations on private-sector employers were weaker, quotas were unclear, and enforcement mechanisms and penalties were more limited.
The 2025 law makes the following reforms:
it requires private and public employers with at least 20 employees to reserve at least 5% of direct employment opportunities for persons with disabilities, backed by enforcement and sanctions.
The 2025 law makes discriminatory denial of employment, apprenticeship or training an offence, with fines of up to KSh 2 million or imprisonment up to 2 years.
The 2025 law further requires employers to provide reasonable accommodation and workplace adjustments for workers with disabilities; refusal can constitute discrimination, and employers who spend on modifications, assistive devices, or adaptive technologies for PWD employees are granted tax-deductible allowances for these costs.
Source: §27 & 32(3) of the Constitution of Kenya 2010; §5(3) of the Employment Act 2007; §5 of the Labour Relations Act 2007, last amended in 2023; §12-13 of the Persons with Disabilities Act 2003; §21-23 & 62 of the Persons with Disabilities Act, 2025
