An Examination of Gender-Based Discrimination against Women in the Kenyan Workplace in Light of Section 5 of the Employment Act, 2007

Abstract

The fight against Gender Based Discrimination against women in the Kenyan workplace can be traced as far back as the years subsequent to attaining independence. During this period,the Kenyan Government, through the adoption of the principles of equality, by way of thedeclaration of human rights, sought to promote the equality of both genders. Employment relations in Kenya are governed by the 2007 Employment Act, which dedicates a whole section to outlaw gender-based discrimination. However, employers may be finding loopholes to discriminate against women, while still seeming to comply with the law. The failure to provide a comprehensive and succinct description of what is fair and equal in labour practices has been used as a tool to circumvent the law. Through qualitative analysis of statutes, case law on interpretation of the Employment Act of 2007and other secondary sources, this study investigates the permissive nature of the Employment Act in Kenya and how employers may be exploiting it to discriminate against women. Moreover, the research endeavours to recommend corrective measures which could prevent the possibility of exploitation of legal loopholes in the Employment Act