The Kenya National Commission on Human Rights (KNCHR) has condemned the Kenya Revenue Authority (KRA) over what it described as discriminatory actions towards 133 recruits.
KRA faced backlash after it dismissed 133 job candidates who underwent mandatory HIV and pregnancy testing during the recruitment process.
According to KNCHR, the move was retrogressive, labeling it illegal and a violation of both the Constitution and the Laws of Kenya.
KNCHR highlighted specific constitutional provisions safeguarding against discrimination, emphasizing Article 27(4), which protects individuals from discrimination based on factors including sex, pregnancy, and health status.
“The Commission particularly wishes to remind the Kenya Revenue Authority that Article 27(4) of our Constitution safeguards everyone from discrimination on any grounds including sex, pregnancy, and health status,” read the Commission statement in part.
Additionally, Article 41(1) guarantees the right to fair labor practices, necessitating a recruitment process free from discrimination.
Moreover, KNCHR highlighted Kenya’s significant progress in combating stigma and discrimination against persons living with HIV/AIDS.
Also Read: KRA Questioned for Dismissing 133 Jobseekers After Pregnancy and HIV Tests
The commission emphasized that such actions not only undermine these hard-fought gains but also pose a severe threat to the human rights and fundamental freedoms of affected individuals.
KNCHR referenced specific legal statutes to reinforce its condemnation of KRA’s actions.
“Section 13 of the HIV and AIDS Prevention and Control Act of 2006 expressly prohibits compulsory testing, emphasizing the importance of informed consent,” stated the statement from KNCHR.
Additionally, Section 14 mandates informed consent before HIV testing, making any contravention of these provisions punishable by law.
List of 6 Demands to KRA
In response to these atrocious violations, KNCHR issued six demands aimed at rectifying the situation and preventing future occurrences:
- Immediate Reinstatement: KNCHR demanded the immediate reinstatement of the 133 dismissed candidates pending a comprehensive investigation.
- Compensation: The affected candidates should receive compensation for the violation of their rights and the emotional trauma endured.
- Policy Review: KRA must conduct a thorough review of its recruitment policies and practices to ensure alignment with constitutional provisions and relevant laws, particularly regarding HIV and pregnancy testing.
- Sensitization and Training: KNCHR urged KRA to provide sensitization and training to its staff on human rights, non-discrimination, and best practices in recruitment.
- Accountability: Those responsible for the violation must be held accountable, and preventive measures should be implemented to avert similar violations in the future.
- Public Apology: KRA should issue a public apology and initiate a repeat of the recruitment process, ensuring equal opportunities for all qualified candidates free from discrimination.
KNCHR further emphasized the urgency of implementing these demands to redress the violation and prevent its recurrence.
Also Read: High Court Declares KRA Recruitment Unconstitutional
The commission called on KRA to take immediate action and urged other government agencies and private sector employers to adhere to constitutional provisions and relevant laws in their recruitment processes.
Consequently, KNCHR extended an invitation to any affected individuals to reach out through various channels, including SMS, email, and a toll-free line, to facilitate its investigations and redress actions.
