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KRA asked to reinstate recruits dismissed over HIV tests

KNHCR Chairperson, Roseline Odede during a past press conference (Photo: KNHCR)

By Barack Oduor | Monday, March 18, 2024

KNHCR also asked KRA to offer a public apology to the 133 revenue service assistant job applicants.

The Kenya National Commission on Human Rights (KNCHR) has demanded that the Kenya Revenue Authority reinstate 133 revenue service assistant job applicants who were subjected to mandatory HIV and pregnancy tests.

KNHCR also asked KRA to offer a public apology and monetary compensation to the 133 revenue service assistant job applicants.

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The tax collection agency has also been asked to repeat the recruitment process for Revenue Service Assistants (RSA) jobs.

KNCHR further wants KRA to issue an apology for the violation of the applicants' 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.

KNCHR maintained that Article 27(4) of the Constitution safeguards everyone from discrimination on any grounds including sex, pregnancy, and health status.

It further noted that Article 41(1) of the Constitution stipulates 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."

KNCHR wants those responsible for this violation to be held accountable, and measures put in place to prevent similar occurrences in the future.

Recruitment policy

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 sensitisation and training to its staff on human rights, non-discrimination, and best recruitment practices," Odede said.

The HIV and Aids Prevention and Control Act, of 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.

Pressure over the saga has also seen the Kenya Legal and Ethical Issues Network on HIV and Aids demand the suspension of officers behind the exclusion of the 133 applicants who were found to be either HIV positive or pregnant.

However, KRA Commissioner of Domestic Taxes Risper Simiyu 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.