GENDER EQUALITY

CHAPTER 25:06
GENDER EQUALITY

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Scope of application

    3.    Interpretation

PART II
SEX DISCRIMINATION

    4.    Prohibition of sex discrimination

    5.    Prohibition of harmful practices

    6.    Sexual harassment

    7.    Workplace policy for sexual harassment

PART III
ENFORCEMENT

    8.    Enforcement by the Human Rights Commission

    9.    Powers of the Human Rights Commission in relation to gender equality

    10.    Duties of the Human Rights Commission in relation to gender equality

PART IV
EMPLOYMENT IN THE PUBLIC SERVICE

    11.    Quotas in the public service

    12.    Compliance order

    13.    Transparency in recruitment in the public service

PART V
EDUCATION AND TRAINING

    14.    Equality in access to education and training

    15.    Equal access to scholarships, etc.

    16.    Tertiary education institutions

    17.    Exception for single sex establishments

    18.    General duties in relation to curriculum

PART VI
SEXUAL AND REPRODUCTIVE HEALTH RIGHTS

    19.    Right to sexual and reproductive health

    20.    Duties of health officers in respect to sexual and reproductive health

PART VII
CIVIC AWARENESS

    21.    Civic awareness

PART VIII
MISCELLANEOUS

    22.    Powers of the Chief Justice

    23.    Regulations

3 of 2013
G.N. 9/2014

An Act to promote gender equality, equal integration, influence, empowerment, dignity and opportunities, for men and women in all functions of society, to prohibit and provide redress for sex discrimination, harmful practices and sexual harassment, to provide for public awareness on promotion of gender equality, and to provide for connected matters

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Gender Equality Act.

2.    Scope of application

    (1) Except where it is otherwise expressly provided for by any written law, this Act applies to all persons and to all matters.

    (2) This Act binds the Government.

3.    Interpretation

    In this Act, unless the context otherwise requires—

    “appointing or recruiting authority” means a public office in whose power the decision to appoint or recruit any person lies;

    “educational institution” means a school, college, university or other institution at which education or training is provided;

    “harmful practice” means a social, cultural, or religious practice which, on account of sex, gender or marital status, does or is likely to—

    (a)    undermine the dignity, health or liberty of any person; or

    (b)    result in physical, sexual, emotional, or psychological harm to any person; and

    “public institution” means an institution that is part of the public service within the meaning of “public service” under the Public Service Act.

PART II
SEX DISCRIMINATION

4.    Prohibition of sex discrimination

    (1) A person shall not—

    (a)    treat another person less favourably than he or she would treat a person of his or her own sex; or

    (b)    apply to the other person an exclusion, distinction or restriction which applies or would apply equally to both sexes but—

        (i)    which is such that the proportion of one sex who can comply with it is considerably smaller than the proportion of the opposite sex who can comply with it;

        (ii)    which he or she cannot show to be justifiable irrespective of the sex of the person to whom it is applied; and

        (iii)    which is to the detriment of the other person because he or she cannot comply with it,

    with the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise of the rights and fundamental freedoms of that person.

    (2) A person who contravenes subsection (1) commits an offence and is liable to a fine of K1,000,000 and to a term of imprisonment for five years.

5.    Prohibition of harmful practices

    (1) A person shall not commit, engage in, subject another person to, or encourage the commission of any harmful practice.

    (2) Any person who contravenes this section commits an offence and is liable to a fine of K1,000,000 and to a term of imprisonment for five years.

6.    Sexual harassment

    (1) A person commits an act of sexual harassment if he or she engages in any form of unwanted verbal, non-verbal or physical conduct of a sexual nature in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated.

    (2) A person who sexually harasses another in terms of subsection (1) commits an offence and is liable to a fine of K1,000,000 and to a term of imprisonment for five years.

7.    Workplace policy for sexual harassment

    (1) The Government shall take active measures to ensure that employers have developed and are implementing appropriate policy and procedures aimed at eliminating sexual harassment in the workplace which shall—

    (a)    entitle all persons who have been subjected to sexual harassment in the workplace to raise a grievance about its occurrence…