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{
    "id": 144514,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/144514/?format=api",
    "text_counter": 407,
    "type": "speech",
    "speaker_name": "Mr. Kioni",
    "speaker_title": "",
    "speaker": {
        "id": 49,
        "legal_name": "Jeremiah Ngayu Kioni",
        "slug": "jeremiah-kioni"
    },
    "content": "(2) Subject to subsections (6), (8) and (9), no person shall be treated in a discriminatory manner by a person acting by virtue of any written law or in the performance of the functions of a public office or a public authority. (3) In this section, the expression “discriminatory” means affording different treatment to the different persons attributable wholly or mainly to their respective descriptions by race, tribe, place of origin or residence or other local connexion, political opinions, colour, creed or sex whereby persons of one such description are subjected to disparities, disabilities or restrictions to which persons of other such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description”. There is even a further provision under the Constitution, but one of the requirements by those who have been given the responsibilities of recruiting young people into the disciplined forces is that of height. The Constitution clearly provides that no such discriminative requirements should be put in place. It is now common knowledge to all of us in Kenya that getting an opportunity to serve in the disciplined forces is a source of employment in this country. Many such opportunities existed there before but now, we have the disciplined forces recruiting on a regular basis. Mr. Temporary Deputy Speaker, Sir, one of the things that officers who have been given that responsibility are required to do is quickly check the height of an individual. It is known to all of us that none of us can determine how tall we are going to be. There is no amount of effort that you can make to increase your height or reduce it, if that may be necessary at any other point. It is against this background that we need to really think straight on this requirement. In the last recruitment that was done in my constituency, it was difficult to get a lady with the required height. That means that the young people in my constituency did not get equal opportunities with others. Those opportunities were taken to other areas where people have naturally, perhaps for reasons that we may get from the medical doctors, attained that height and beyond. That is really discriminating people from some regions in this country. It is also important to note that we do not have those requirements in any statutes. It is a practice that is there within the Forces; a practice that has been used at times unfairly. It has been used to make some people qualify and get others off the track. The issue of height is a gift from God and one cannot be punished for not getting that gift from God, unless we want to say that there is something that God was supposed to have done and which he did not do."
}