Under the Kenya laws, it is the duty of the Minister, labour officers and the Industrial Court–
(a) to promote equality of opportunity in employment in order to eliminate discrimination in
employment; and
(b) to promote and guarantee equality of opportunity for a person who, is a migrant worker or a
member of the family of the migrant worker, lawfully within Kenya.
An employer should under Kenya laws promote equal opportunity in employment and strive to eliminate discrimination in any employment policy or practice.No employer should discriminate directly or indirectly, against an employee or prospective employee or harass an employee or prospective employee―
(a) on grounds of race, colour, sex, language, religion, political or other opinion, nationality,
ethnic or social origin, disability, pregnancy, mental status or HIV status;
(b) in respect of recruitment, training, promotion, terms and conditions of employment, termination
of employment or other matters arising out of the employment.
It is not discrimination to―
(a) take affirmative action measurers consistent with the promotion of equality or the elimination of discrimination in the workplace;
(b) distinguish, exclude or prefer any person on the basis of an inherent requirement
of a job;
(c) employ a citizen in accordance with the National employment policy; or
(d) restrict access to limited categories of employment where it is necessary in the
interest of state security.
(4) An employer shall pay his employees equal
remuneration for work of equal value.