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Que: I run an NGO that does projects in hardship areas that are generally not very safe. Is it ok for me to employ only men? The environment is not conducive for a woman.

Ans: Yes, Section 5(4) of the Employment Act provides that it is not discrimination to distinguish, exclude or prefer any person on the basis of an inherent requirements of a job.


About Anne Babu

Anne is an Advocate of the High Court of Kenya and the Founding Partner of Anne Babu & Co. She has practised employment law for over 12 years and her employment law practice has been recognized by the prestigious Chambers & Partners. Anne cares about employers and their labour issues.


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Comments

  1. Edward John RODRIGUEZ says:

    Good morning Counsellor

    1. Can an employer legally state that s/he prefers applicants from certain tribes, e.g. Maasai, for certain positions ???

    2. Can an employer legally specify the gender and age range of applicants?

    Thank you !!!

    1. Anne Babu says:

      Only if the employer can link those demands to the “inherent requirements” of the job, for example, if the employer is a mosque, they can ask for Muslim applicants only. In the absesnce of a legal justification, the demands will be considered discriminatory.

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