(1) For purposes of this Act, a person discriminates against another person if-
(2) A person also discriminates against another person if, in any circumstances relevant for the purposes of any provision referred to in subsection (1) (b), he applies to that other person a provision, criterion or practice which he applies or would apply equally to persons not of the same race or ethnic or national origins as that other, but-
(3) For the purposes of this Act, segregating a person from other persons on ethnic grounds is treating him less favourably than they are treated.
(4) Subsection (1) does not apply to treatment of a person by reason of any allegation made by him if it is proven in a court of law that the allegation was false and not made in good faith.
4. A person discriminates against another person by way of victimization in any circumstances relevant for the purposes of this Act, if he does any act that is injurious to the well-being and esteem of the person by treating the person victimized less favourably than, in those circumstances, he treats or would treat other persons, and does so by reason that the person
5. A comparison of the case of a person of a particular ethnic group with that of a person not of that group under sections 3 and 4 shall be such that the relevant circumstances in the one case are the same, or not materially different, in another.
6. (1) A person subjects another to harassment on the basis of ethnicity for the purposes of any provision referred to in section 4 (d) where, on ethnic grounds, he engages in unwanted conduct which has the purpose or effect of-
(2) Conduct shall be regarded as having the effect specified in subsection (1) (a) or (b) only if, having regard to all the circumstances, including in particular the perception of that other person, it should reasonably be considered as having that effect.
7.(1) All public establishments shall seek to represent the diversity of the people of Kenya in the employment of staff.
(2) No public establishment shall have more than one third of its staff from the same ethnic community.
(3) It is unlawful for a person, his representatives or assigns, in relation to employment by him at an establishment, to discriminate against another-
(4) It is unlawful for a person, in the case of a person employed by him at an establishment to discriminate against that employee-
(5) It is unlawful for an employer, his representatives or assigns, in relation to employment by him at an establishment, to subject to harassment a person whom he employs or who has applied to him for employment.
(6) Except in relation to discrimination falling within section 4 or discrimination on ethnic grounds, subsections (4) and (5) do not apply to employment for the purposes of a private enterprise.
(7) In this section reference to the dismissal of a person from employment includes, where the discrimination is on ethnic grounds, reference to-
9. (1) It is unlawful for an organization to which this section applies, in case of a person who is not a member of the organization, to discriminate against him-
(2) It is unlawful for an organization to which this section applies, in the case of a person who is a member of the organization, to discriminate against him-
(3) It is unlawful for an organization to which this section applies, in relation to a person’s membership or application for membership of that organization, to subject him to harassment. (4) Subsection (1) shall not apply to cases where membership is limited to a given religious persuasion or profession.
10. (1) Unless as provided under subsection (2), it is unlawful for a qualifying body, licensing authority, planning authority, public authority, employment agency, educational establishment or body offering training, to discriminate against prospective and current clients in the provision of services.
(2) Subsection (1) shall not apply-
11. (1) Public resources shall be distributed equitably as far as is practicable geographically to take into account Kenya’s diversity population and poverty index.
(2) It shall be unlawful for any public officer, while in charge of public resources and without justification, to distribute resources in an ethnically inequitable manner.
(3) Resources shall be deemed to have been distributed in an ethnically inequitable manner when-
12. (1) It is unlawful for a person, in relation to public property, or property wholly meant for the public in Kenya or which he has power to manage, lease, let or dispose, to discriminate against another person-
(2) It is unlawful for a person, in relation to public property, or property wholly meant for the public managed by him to discriminate against a person occupying premises-
(3) It is unlawful for a person, in relation to such premises as are referred to subsection (1) or (2), to subject a person who applies for, or as the case may be, occupies such premises, to harassment.
(1) A person who
which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behavior commits an offence if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up.
(2) Any person who commits an offence under this section shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years or to both.
(3) In this section, “ethnic hatred” means hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins.
62. (1) Any person who utters words intended to incite feelings of contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity or race, commits an offence and shall be liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or both.
(2) A newspaper, radio station or media enterprise that publishes the utterances referred to in subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one million shillings.