[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"page:en-ke\u002Fwork-in-kenya\u002Flabour-law\u002Ffair-treatment":3},{"id":4,"slug":5,"title":6,"short_title":7,"intro_text":8,"meta_description":8,"seo_title":8,"path":9,"content_type":10,"locale":11,"go_live_at":7,"first_published_at":12,"page_created_at":13,"published_at":12,"edit_url":14,"breadcrumbs":15,"seo":26,"rendered":35,"description":36,"body":37,"body_blocks":38,"call_to_action":39,"owner":46,"authors":54,"show_related_pages":56,"related_pages":57,"related_sites":131,"in_subsite":56,"contact_page_url":7,"banner_message":132},935,"fair-treatment","Fair Treatment",null,"","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Ffair-treatment","labourlaw.labourlawpage","en_KE","2025-07-28T09:18:34.678000+00:00","2026-04-03T03:40:01.869673+00:00","\u002Fcms\u002Fpages\u002F935\u002Fedit\u002F",[16,19,22,25],{"title":17,"slug":18},"Kenya","en-ke",{"title":20,"slug":21},"Work in Kenya","work-in-kenya",{"title":23,"slug":24},"Labour Law","labour-law",{"title":6,"slug":5},{"title":27,"description":8,"image":28,"canonical":29,"robots":30,"og_type":31,"twitter_card":32,"locale":18,"created_at":33,"last_modified_at":34},"Work Discrimination, Fair Treatment - Kenya","https:\u002F\u002Fwageindicator.org\u002Fmedia\u002Fimages\u002FSocial_media_preview_image_-_2025.2e16d0ba.fill-1200x630.png","https:\u002F\u002Fwageindicator.org\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Ffair-treatment\u002F","index, follow","website","summary_large_image","2025-07-28T11:18:34.678000+02:00","2026-04-03T05:40:02.239318+02:00","\u003Cdiv class=\"cobra-ll-view\">\n\n  \n\n    \n    \n  \n  \u003Ch1>Fair Treatment\u003C\u002Fh1>\n  \u003Cspan class=\"lastupdated\">This page was last updated on:\n      2026-04-27\u003C\u002Fspan>\n\n  \n\n    \n  \n  \n  \t\n\t\n\t\n\n  \n    \n      \n        \n          \n    \n    \n    \n        \u003Cdiv class=\"teaserItem\">\n          \u003Ch2>Equal Pay\u003C\u002Fh2>\n          \u003Cp>In accordance with the Constitution of Kenya, all human beings are born equal and are equal before the law. The Constitution recognizes the right to fair remuneration.\u003C\u002Fp>\n\u003Cp>The Employment Act, 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.\u003C\u002Fp>\n\u003Cp>Source: § 27 & 41 of the Constitution of Kenya 2010; §5(5 & 6) of the Employment Act 2007\u003C\u002Fp>\n        \u003C\u002Fdiv>\n    \n\n\n        \n      \n        \n          \n    \n    \n    \n        \u003Cdiv class=\"teaserItem\">\n          \u003Ch2>Non-Discrimination\u003C\u002Fh2>\n          \u003Cp>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.\u003C\u002Fp>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>The 2025 law makes the following reforms:\u003C\u002Fp>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>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\u003C\u002Fp>\n        \u003C\u002Fdiv>\n    \n\n\n        \n      \n        \n          \n    \n    \n    \n        \u003Cdiv class=\"teaserItem\">\n          \u003Ch2>Equal Choice of Profession\u003C\u002Fh2>\n          \u003Cp>Women are allowed to work in the same industries as men as no restrictions could be located in this regard.\u003C\u002Fp>\n\u003Cp>Source: §91 of the Employment Act, 2007\u003C\u002Fp>\n        \u003C\u002Fdiv>\n    \n\n\n        \n      \n    \n\n    \n      \n    \n      \u003Cdiv class=\"regulations\">\n        \u003Ch2>Regulations on Fair Treatment\u003C\u002Fh2>\n        \u003Cul>\n          \u003Cli>\n            Constitution of Kenya, 2010\n          \u003C\u002Fli>\n          \u003Cli>\n            Employment Act, 2007\n          \u003C\u002Fli>\n          \u003Cli>\n            Sexual Offences Act, 2006\n          \u003C\u002Fli>\n          \u003Cli>\n            Persons with Disabilities Act 2003\n          \u003C\u002Fli>\n          \u003Cli>\n            Labour Relations Act, 2007\n          \u003C\u002Fli>\n        \u003C\u002Ful>\n      \u003C\u002Fdiv>\n\n    \n\n  \n      \n    \n    \u003Cdiv class=\"related\">\n      \u003Ch2>Related Items\u003C\u002Fh2>\n      \n          _ll_sexharassment_URL_\n      \n          _ll_maternity_URL_\n      \n          _ll_workwages_URL_\n      \n          _ll_forcedlabour_URL_\n      \n          _ll_minors_URL_\n      \n          _MW_FOLDER_URL_\n      \n    \u003C\u002Fdiv>\n\n    \n\n  \n\n    \n    \n\n  \n\n  \n  \n\n  \n    \u003Cstyle>\n\n      h1, h2, h3 {\n      font-weight: bold;\n      margin-top: 20px;\n      margin-bottom: 10px;\n      }\n      \n      .related a {\n        display:block;\n        border: 1px solid transparent;\n      }\n\n      ul ol, ol ol, ol ul {\n      font-size: 100%;\n      }\n\n    \u003C\u002Fstyle>\n\n  \n\n\u003C\u002Fdiv>","Your rights: discrimination at work and equal pay in Kenya – .","\u003Cdiv>\n\n\u003Cspan>This page was last updated on:\n      2026-04-27\u003C\u002Fspan>\n\u003Cdiv>\n\u003Ch2>Equal Pay\u003C\u002Fh2>\n\u003Cp>In accordance with the Constitution of Kenya, all human beings are born equal and are equal before the law. The Constitution recognizes the right to fair remuneration.\u003C\u002Fp>\n\u003Cp>The Employment Act, 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.\u003C\u002Fp>\n\u003Cp>Source: § 27 & 41 of the Constitution of Kenya 2010; §5(5 & 6) of the Employment Act 2007\u003C\u002Fp>\n\u003C\u002Fdiv>\n\u003Cdiv>\n\u003Ch2>Non-Discrimination\u003C\u002Fh2>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>The 2025 law makes the following reforms:\u003C\u002Fp>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>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.\u003C\u002Fp>\n\u003Cp>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\u003C\u002Fp>\n\u003C\u002Fdiv>\n\u003Cdiv>\n\u003Ch2>Equal Choice of Profession\u003C\u002Fh2>\n\u003Cp>Women are allowed to work in the same industries as men as no restrictions could be located in this regard.\u003C\u002Fp>\n\u003Cp>Source: §91 of the Employment Act, 2007\u003C\u002Fp>\n\u003C\u002Fdiv>\n\u003Cdiv>\n\u003Ch2>Regulations on Fair Treatment\u003C\u002Fh2>\n\u003Cul>\n\u003Cli>\n            Constitution of Kenya, 2010\n          \u003C\u002Fli>\n\u003Cli>\n            Employment Act, 2007\n          \u003C\u002Fli>\n\u003Cli>\n            Sexual Offences Act, 2006\n          \u003C\u002Fli>\n\u003Cli>\n            Persons with Disabilities Act 2003\n          \u003C\u002Fli>\n\u003Cli>\n            Labour Relations Act, 2007\n          \u003C\u002Fli>\n\u003C\u002Ful>\n\u003C\u002Fdiv>\n\u003Cdiv>\n\u003Ch2>Related Items\u003C\u002Fh2>\n      \n          \u003Ca href='\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Ffair-treatment\u002Fsexual-harassment'>Sexual Harassment\u003C\u002Fa>\n      \n          \u003Ca href='\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Fmaternity-and-work'>Maternity and Work\u003C\u002Fa>\n      \n          \u003Ca href='\u002Fwork\u002Fminimum-wage\u002Fregulations\u002Fminimum-wages-regulations-kenya'>Minimum Wages Regulations - Kenya\u003C\u002Fa>\n      \n          \u003Ca href='\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Ffair-treatment\u002Fforced-labour'>Forced Labour\u003C\u002Fa>\n      \n          \u003Ca href='\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Ffair-treatment\u002Fminors-and-youth'>Minors and Youth\u003C\u002Fa>\n      \n          \u003Ca href='\u002Fen-ke\u002Fwork-in-kenya\u002Fminimum-wage\u002F'>Minimum Wage\u003C\u002Fa>\n      \n    \u003C\u002Fdiv>\n\u003Cstyle>\n\n      h1, h2, h3 {\n      font-weight: bold;\n      margin-top: 20px;\n      margin-bottom: 10px;\n      }\n      \n      .related a {\n        display:block;\n        border: 1px solid transparent;\n      }\n\n      ul ol, ol ol, ol ul {\n      font-size: 100%;\n      }\n\n    \u003C\u002Fstyle>\n\u003C\u002Fdiv>",[],{"text":40,"link":41},"Contact Us",{"title":40,"url":42,"description":40,"rel":43,"type":44,"id":45},"\u002Fabout\u002Fcontact","follow","internal",24590,{"id":47,"first_name":48,"last_name":49,"email":50,"image":51,"function":52,"external":53},2,"Gunjan","Pandya","gunjanpandya@wageindicator.org","https:\u002F\u002Fwageindicator.org\u002Fmedia\u002Fimages\u002FGunjan-Pandya-ED_PhPZSyI.width-400.jpg","IT Specialist and Global Webmaster",false,[55],{"id":47,"first_name":48,"last_name":49,"email":50,"image":51,"function":52,"external":53},true,[58,62,66,70,74,78,82,86,90,94,98,102,106,110,114,115,119,123,127],{"id":59,"short_title":7,"title":60,"url":61},921,"Work and Wages","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Fwork-and-wages",{"id":63,"short_title":7,"title":64,"url":65},922,"Compensation and Working Time","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Fcompensation-and-working-time",{"id":67,"short_title":7,"title":68,"url":69},923,"Annual Leave and Holidays","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Fannual-leave-and-holidays",{"id":71,"short_title":7,"title":72,"url":73},924,"Contracts and Dismissals","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Fcontracts-and-dismissals",{"id":75,"short_title":7,"title":76,"url":77},925,"Notice and Severance","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Fcontracts-and-dismissals\u002Fnotice-and-severance",{"id":79,"short_title":7,"title":80,"url":81},926,"Family Responsibilities","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Ffamily-responsibilities",{"id":83,"short_title":7,"title":84,"url":85},927,"Maternity and Work","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Fmaternity-and-work",{"id":87,"short_title":7,"title":88,"url":89},928,"Job Protection","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Fmaternity-and-work\u002Fjob-protection",{"id":91,"short_title":7,"title":92,"url":93},929,"Breastfeeding","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Fmaternity-and-work\u002Fbreastfeeding",{"id":95,"short_title":7,"title":96,"url":97},930,"Health and Safety","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Fhealth-and-safety",{"id":99,"short_title":7,"title":100,"url":101},931,"Sick Leave","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Fsick-leave",{"id":103,"short_title":7,"title":104,"url":105},932,"Work Injury Benefits","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Fsick-leave\u002Fwork-injury-benefits",{"id":107,"short_title":7,"title":108,"url":109},933,"Social Security","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Fsocial-security",{"id":111,"short_title":7,"title":112,"url":113},934,"Unemployment Benefits","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Fsocial-security\u002Funemployment-benefits",{"id":4,"short_title":7,"title":6,"url":9},{"id":116,"short_title":7,"title":117,"url":118},936,"Sexual Harassment","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Ffair-treatment\u002Fsexual-harassment",{"id":120,"short_title":7,"title":121,"url":122},937,"Minors and Youth","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Ffair-treatment\u002Fminors-and-youth",{"id":124,"short_title":7,"title":125,"url":126},938,"Forced Labour","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Ffair-treatment\u002Fforced-labour",{"id":128,"short_title":7,"title":129,"url":130},939,"Trade Unions","\u002Fen-ke\u002Fwork-in-kenya\u002Flabour-law\u002Ftrade-unions",[],"\u003Cp>MyWage is WageIndicator. Same organisation, same information, new look!\u003C\u002Fp>"]