Sexual Orientation and Employment Discrimination in Kenya A critical analysis of Article 27 of the constitution and section 5 of the Employment Act

Abstract

The main objective of this paper is to investigate if Article 27 of the Constitution and Section 5(4) of the Employment Act protects LGB persons in Kenya. The other objectives include interrogating the legal framework governing LGB persons in Kenya as well as comparing the Kenyan legal framework to that of USA and South Africa. The scope of this paper is focused on LGB employment discrimination in Kenya. This paper has made use of secondary sources such as books and journal articles. It has also used case law from Kenya and other countries. The major finding of this paper is that sexual minorities are not protected under Article 27(4) of the Constitution and Section 5(4) of the Employment Act. Thus, to this end the paper recommends amending the Constitution and the Employment Act to protect sexual minorities and passing LGB anti-discriminatory laws among other recommendations.