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"id": 177607,
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"content": "(1) All establishments shall seek to employmentrepresent the diversity of the people of Kenya in the employment of staff. (2) No establishment shall have more than one third of its staff from the same ethnic community. (3) It is unlawful for a person, his representatives or assigns, in relation to employment by him at an establishment, to discriminate against another- (a) in the arrangements he makes for the purpose of determining who should be offered that employment; or (b) in the terms he offers him that employment; or (c) by refusing or deliberately omitting to offer him that employment. (4) It is unlawful for a person, in the case of a person employed by him at an establishment to discriminate against that employee- (a) in the terms of employment in which he affords him; or (b) in the way he affords him access to opportunities for promotion, transfer or training or to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or (c) by dismissing him, or subjecting him to any other detriment. (5) It is unlawful for an employer, his representative or assigns, in 3686 PARLIAMENTARY DEBATES November 27, 2008 relation to employment by him at an establishment, to subject to harassment a person whom he employs or who has applied to him for employment. (6) Except in relation to discrimination falling within Section 2B or discrimination on ethnic grounds subsections (4) and (5) do not apply to employment for the purposes of a private household. (7) In this section, reference to the dismissal of a person from employment includes, where the discrimination is on ethnic grounds, reference to- (a) the termination of that person's employment by the expiration of any period (including a period expiring by reference to an event or circumstances), not being a termination immediately after which the employment is renewed on the same terms; and (b) the termination of that person's employment by an act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer."
}