Discrimination at work: what the law says
Constitution of Kenya; National Gender and Equality Commission; State Department for Labour · sources read 2 Oct 2026
No. The Constitution says no person, employers included, may discriminate against you directly or indirectly because of sex, pregnancy, ethnic origin, religion, health status, disability or similar grounds. Every worker has the right to fair labour practices and fair pay, and no one may be made to do forced labour.
- Where
- Your area labour office; any NGEC office or its online portal; the Employment and Labour Relations Court
Steps
- Report it to the labour officer in your area. They register the complaint on Form LD 64 and call you and the employer to a conciliation meeting.
- Lodge a discrimination complaint with the National Gender and Equality Commission: at any NGEC office, in writing or orally, or through its online portal.
- You can take the case to the Employment and Labour Relations Court, which hears employment disputes.
Watch out
- Affirmative action meant to correct past disadvantage is allowed, as long as benefits go by genuine need.
- NGEC will not take up a complaint that is already pending before a court or tribunal.
- Forced labour is banned outright: no one may be required to do it, paid or not.
Who this covers
- Every person has the right to fair labour practices, whether applying for a job or already working.
- Protected grounds include race, sex, pregnancy, marital status, health status, ethnic or social origin, age, disability, religion, language and birth.
- Women and men have the right to equal treatment and equal opportunities, including at work.
- Every worker has the right to fair pay.
Official sources (3)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Complaints ngeckenya.org · read 2 Oct 2026
- Handling of Labour Disputes labour.go.ke · read 2 Oct 2026