• The commission further wants KRA to issue a public apology and affected candidates compensated for the violation of their rights and the trauma they have endured
• The commission has condemned the move terming it retrogressive, highly discriminatory, illegal and in contravention of the Constitution
Image: FILE
The Kenya National Commission on Human Rights (KNCHR) now wants the Kenya Revenue Authority (KRA) to repeat the recruitment process for Revenue Service Assistants (RSA) jobs.
The commission further wants KRA to issue a public apology and affected candidates compensated for the violation of their rights and the trauma they have endured.
This is after KRA came on the spot for allegedly excluding 133 revenue service assistant job applicants after being subjected to mandatory HIV and pregnancy tests.
The commission has condemned the move terming it retrogressive, highly discriminatory, illegal and in contravention of the Constitution.
KNCHR has maintained that Article 27(4) of the Constitution safeguards everyone from discrimination on any grounds including sex, pregnancy, and health status.
It has further noted that Article 41(1) of the Constitution enshrines in everyone the right to fair labour practices which includes a fair recruitment process free from non-discrimination.
The commission chairperson Roseline Odede said Kenya has come a long way in combating stigma and discrimination of persons living with HIV and AIDs.
"Such unfortunate moves are a clawback on the gains so far attained and a threat to their human rights and fundamental freedoms," Odede said.
"Mandatory testing of persons without their informed consent and lack of adherence to ethical standards including confidentiality is illegal in Kenya," Odede noted.
KRA Commissioner of Domestic Taxes Risper Simiyu has defended the exclusion of the applicants on medical grounds, citing a rigorous training regime for the recruits.
“The Revenue Service Assistants (RSA) training has a dimension of paramilitary training, which requires physical fitness and protection of life during training,” Simiyu told Parliament’s National Cohesion and Equal Opportunity Committee.
She added that the decision was taken to guard against potential harm to recruits.
But KNCHR has said that those responsible for this violation should be held accountable, and measures put in place to prevent such violations from occurring in the future.
The commission further wants KRA to review its recruitment policies and practices to ensure they are in line with the Constitution and relevant laws, particularly regarding HIV and pregnancy testing.
"KRA should provide sensitization and training to its staff on human rights, non-discrimination, and best recruitment practices," Odede said.
The HIV and Aids Prevention and Control Act, 2006 prohibits compulsory HIV testing under section 13 (1).
The Act further makes it illegal to compel a person to undergo an HIV test as a precondition to or for the continued enjoyment of employment.
A lobby group for people living with HIV plans to sue the Kenya Revenue Authority for the exclusion.
The Kenya Legal and Ethical Issues Network on HIV and Aids (Kelin) has also demanded the suspension of officers behind the exclusion of 133 applicants who were found to be either HIV positive or pregnant.