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Press Statement
15th March 2024
We, the undersigned organizations, and associations, are representatives of health and human rights, civil society and non-governmental organizations, community-based organizations, and representatives of communities of people living with and affected by HIV.
Our attention is drawn to emerging revelations that the Kenya Revenue Authority (KRA) dismissed 133 candidates from its recruitment exercise after being subjected to mandatory HIV and pregnancy tests. We have also received information that the testing included trying to ascertain what forms of contraception the recruited candidates were on. Commissioner of Domestic Taxes at the Authority, Risper Simiyu, speaking to the National Cohesion and Equal Opportunity committee of the National Assembly, is quoted justifying these tests to the effect that “the tests were necessary as the recruits were undergoing paramilitary training to prepare them for the enforcement work.” This was confirmed by the Commissioner-General Humphrey Watanga who disclosed that “The RSA Programme had a paramilitary training element. A total of 133 candidates were eliminated on medical grounds.”
We condemn in the strongest terms possible these unconstitutional and illegal actions of the Authority. In subjecting candidates to mandatory medical examinations that include HIV and pregnancy tests, the Authority violated constitutional and human rights, their right to give informed consent as well as their right to fair labour practices. There is no justifiable reason for the denial of these rights.
Article 27 of the Constitution prohibits discrimination based on health status. Subjecting women candidates to mandatory pregnancy tests and checking for contraceptive methods without their consent is a violation of their bodily autonomy and integrity. This practice perpetuates discrimination against women and reinforces harmful gender stereotypes in employment and is a denial of reproductive justice.
It is apparent from the sentiments of Commissioner Risper and Commissioner-General Watanga that the testing was not in pursuit of any legitimate reason. The testing was done just because the “Kenya Defence Forces (KDF) always subject recruits to HIV/AIDS and pregnancy tests.” KELIN working with the community of PLHIV, have previously challenged KDF for these unconstitutional and unethical acts and there are ongoing court cases to hold them to account for this unfair labour practice that constitutes discrimination.[1]
Subjecting candidates to mandatory HIV testing is illegal. The HIV and AIDS Prevention and Control Act, 2006 (HAPCA) 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 (s.13(2)). Similarly, it is a discriminatory act prohibited under the law to deny any person access to any employment for which they are qualified on the grounds only of their actual, perceived, or suspected HIV status. If the Kenya Revenue Authority was convinced that the positions they were recruiting for “were such that HIV status would render the candidates incapable of undertaking”, they had a legal obligation to prove this through a prior application, as prescribed by the law. In any event, HIV status does not constitute a justifiable exclusion to employment.
The acts of KRA threaten to erode the gains made in eradicating stigma and discrimination against people living with HIV. It offends the commitment by the government to “protect human rights and eliminate all forms of violence and HIV related stigma and discrimination against people living with HIV, key and priority populations.”[2]
We call upon Parliament to expediate the investigation into this matter.
We further call for the immediate suspension of all Kenya Revenue Authority officers responsible for violating the rights of the 133 candidates. The officers must individually be held accountable for such gross violation of human rights. Even as action is taken against the responsible officers, we demand that the Kenya Revenue Authority outlines remedial measures it will take to remedy the violations suffered by the 133 candidates in the hands of its officers. We undertake to commence legal action against the Authority in pursuit of justice for the 133 candidates. If you are one of the 133 candidates affected by these violations and require legal advice, please reach out to KELIN through our contact information. (Email: info@kelinkenya.org). We guarantee you confidentiality.
Lastly, we demand that the Kenya Revenue Authority urgently makes public its recruitment policy, and initiates steps to ensure the policy guarantees a non-discriminatory approach to recruitment, an approach that must strictly adhere to Article 27(4) of the Constitution of Kenya.
Shame on you KRA!
Endorsed by:
- Advocates Of Hope for Community (Ahfco)
- African Gender and Media Initiative Trust -GEM Trust
- Afrocab Treatment Access
- Aggressive women group
- Alfajiri
- Amnesty International Kenya
- Amnesty Nakuru west COC
- Asegis Community Network
- AYARHEP
- BISC -Beyond Initiative For Social Concern
- Centre for Rights Education and Awareness (CREAW)
- Centre for the Study of Adolescence
- DECSA
- Discordant support group
- FAWs WOMEN
- Focus Family Christian living with HIV in Kenya
- Garden of hope
- GHPN – kenya
- GIGI
- Good Health Community Programs
- HAPA – Kenya
- Happy feeding women
- HOYMAS KENYA
- Kaz Entertainment
- Kenya Legal and Ethical Issues Network on HIV and AIDS (KELIN)
- Kenya Treatment Access Movement (KETAM)
- Kenyan Section of the International Commission of Jurists (ICJ Kenya)
- Kirimwa Self-help
- Kisumu Shinners CBO
- Loch And Company Advocates
- Loving Sisters CBO
- MAAYGO
- Maisha Youth
- Men For Positive Living Support (MOPLS) CBO
- Men pillar support.
- MOPESUN
- Most at Risk young Mothers and Teenage Girls Living with HIV Initiative (MOYOTE)
- Mother Francisca Muungano and Fountain of Hope CBO
- Movement of Men Against AIDS in Kenya (MMAAK)
- Msamaria mwema SHG
- Muungano SHG
- Mwea hope in life support group.
- National Empowerment Network of People living with HIV/AIDS in Kenya (NEPHAK)
- Nelson Mandela TB HIV information CBO Kisumu
- Network of TB Champions Kenya (NTBC-K)
- NivalishePad Initiative
- Njoro ccc men SHG
- New Dawn support group
- Oasis of hope SHG
- Ocean Cause Kenya
- Pamoja TB Group
- Peoples Health Movement Kenya
- PGH youth group
- 53. Pillars of strength CBO
- Positive Young Women Voices
- Rehema Support group
- Reproductive Health Champions Organization {RHCO}
- Sauti skika
- Sexual Reproductive Health and Rights (SRHR) Alliance
- Shallom Wellness CBO
- Stop TB Partnership-Kenya
- Tagbiz Youth Group
- Teda Malindi
- The CRADLE, The Children Foundation
- The Eagles for Life Kenya
- Trust for Indigenous Culture and Health (TICAH)
- Ujamaa Center
- Utu Wetu Trust
- Western Kenya situation room consortium
- Women Fighting AIDS in Kenya (WOFAK)
- Wote youth Development Projects CBO
- Y+ Kenya Organization
- Youths Of Hope CBO
For inquiries, please reach out to: Tmothy Wafula, twafula@kelinkenya.org, +254 726 419173
[1] See PRESS-RELEASE-CSOs-CONDEMN-VIOLATION-OF-PLHIV-AT-THE-KDF-TRAINING-SCHOOL-1.pdf (kelinkenya.org)
