What the law says about discrimination
Constitution of Kenya · sources read 5 Oct 2026
The law bans discrimination by the State and by any person, directly or indirectly, on grounds including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth. Everyone is equal before the law.
- Where
- National Gender and Equality Commission (NGEC) offices, email or online; KNCHR; or the High Court
Steps
- Complain to the National Gender and Equality Commission (NGEC): at any NGEC office in writing or by speaking, by email, online or by post.
- You can also report to the Kenya National Commission on Human Rights (KNCHR) at their offices, by letter, online or by email.
- You can go to the High Court claiming your right to equality has been violated.
Watch out
- Affirmative action programmes that redress past disadvantage are allowed, but benefits must be based on genuine need.
- NGEC does not take complaints that are already pending before a court or tribunal.
- By law NGEC investigates discrimination complaints and makes recommendations; it is not a court. If you want a court order, file in the High Court.
Who this covers
- Every person in Kenya.
- The rule binds private people and businesses as well as the State.
Official sources (5)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- File a Complaint ngeckenya.org · read 2 Oct 2026
- Frequently Asked Questions ngeckenya.org · read 2 Oct 2026
- Report Violation knchr.org · read 2 Oct 2026
- National Gender and Equality Commission Act, No. 15 of 2011 new.kenyalaw.org · read 5 Oct 2026