Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Kenya (Ratification: 2001)

Specialized equality body. The Committee notes with interest the creation of the National Gender and Equality Commission (NGEC) through the enactment of the National Gender and Equality Commission Act, 2011, pursuant to article 59(4) of the Constitution. The Government indicates that the NGEC, which has the overall mandate of promoting gender equality and freedom from discrimination in accordance with article 27 of the Constitution, was fully constituted in May 2012 and has started some activities of awareness raising of civic rights. It has also taken steps to promote affirmative action measures, through participation in public interest litigation before the Supreme Court, seeking direction on the implementation of the two-thirds gender principle within the Parliament. The NGEC, which is composed of five independent members, has a comprehensive mandate and extensive functions in the field of equality and non discrimination, such as: facilitating mainstreaming of issues of gender, persons with disabilities and other marginalized groups in national development; monitoring, facilitating and advising on affirmative action; investigating complaints and making recommendations for the improvement of the institutions concerned; conducting audits on the status of special interest groups (minorities, marginalized groups, persons with disabilities, women, youth and children); conducting and coordinating research activities; establishing databases; and preparing annual reports for the Parliament (section 8 of the 2011 Act). The NGEC also has general powers which include adjudicating on matters relating to equality and freedom from discrimination and entering any establishment, premises or land (by order of the court), as well as specific powers relating to investigations and dealing with complaints, and may, upon inquiry into a complaint, refer the matter to the Prosecutor or recommend to the complainant a course of other judicial redress or settlement (sections 26–41 of the Act). The Committee requests the Government to continue to provide information on the NGEC’s advisory, promotional and investigative activities in the field of non discrimination and equality in employment and occupation, indicating the number and nature of discrimination cases dealt with and the results thereof.