ADVOKS GLOBAL · KENYA
Occupational Safety and Health Act
8. Discrimination against employee, etc.
Edition: 2022-12-31 · In force
8. Discrimination against employee, etc.
(1)An occupier shall not dismiss an employee, injure the employee or discriminate against or disadvantage an employee in respect of the employee’s employment, or alter the employee’s position to the detriment of the employee by reason only that the employee—(a)makes a complaint about a matter which the employee considers is not safe or is a risk to his health;(b)is a member of a safety and health committee established pursuant to this Act; or(c)exercises any of his functions as a member of the safety and health committee.(2)An occupier who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine exceeding one hundred thousand shillings or to imprisonment for a term not exceeding three months or to both.(3)Notwithstanding any written law to the contrary, where a person is convicted of an offence under this section the court may, in addition to imposing a penalty on the offender make one or both of the following orders—(a)an order that the offender pays within a specific period to the person against whom the offender has discriminated such damages as the court deems fit to compensate that person; or(b)an order that the employee be reinstated or re-employed in his former position or, where that position is not available, in a similar position.