Nairobi — The Kenya National Commission of Human Rights (KNCHR) has condemned the discrimatory action by the Kenya Revenue Authority (KRA) of dismissing 133 candidates after being subjected to mandatory HIV and pregnancy testing in a recruiting process.
The commission said that the action is illegal and in contravention of the Constitution and the laws of Kenya.
“KNHCR wishes to remind KRA that article 27(4) of our consitution safeguards everyone from discrimination in any grounds be it sex pregnancy or health status. Article 41(1) further enshrines to everyone the right to fair labour practices which includes fair recruitment processes free from discrimination,” KNCHR announced in a statement.
“Section 13 of the HIV and Aids prevention and control Act of 2006 outlaws compulsory testing and provides that no person shall compel another to undergo a HIV test as a precondition to employment. Section 14 of the act further makes it mandatory to attain informed consent prior to the HIV testing and any person acting in contravention of these provisions is perpetuating offenses,” noted KNHCR
The commission has asked the taxman to immediately reinstate the 133 candidates pending a full investigation into the matter and for compensation for the violation of their rights and trauma caused by the unlawful act.
KRA has been urged to review its recruitment policy in line with the Constitution and relevant laws, especially on HIV and pregnancy testing.
It was further urged to sensitize and train its staff on human rights, non-discrimination, and best practices in recruitment.
KRA is expected to publish a public apology and repeat the recruitment process fairly.