This archive report was first published on 1 August 2019.
On August 1, 2019, the Kenyan government proposed amendments to the Employment Act that would limit employers' powers to set staff retirement age.
The proposed amendments, outlined in the Employment Act (Amendment) Bill 2019, aim to align the current law with the Constitution, particularly Section 27 on equality and freedom from discrimination.
According to William Maema, the lead partner for commercial and corporate department at IKM Advocates, the amendments would make it difficult for employers to retire or fail to hire staff based on their age.
"This means old people are going to compete for the same jobs with young people, and if the reason why you are not hiring the older persons is age, then you are guilty of discrimination," Maema said.
The proposed amendments also aim to add new grounds for discrimination, including age, dress, conscience, language, or birthplace, to Section 5 of the Employment Act 2007.
Current grounds for discrimination include race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, pregnancy, mental or HIV status.
