Pay & working terms · 3 min read
HIV testing and jobs in Kenya: what an employer may not ask
Why no employer may require an HIV test for a job, the rules on consent and confidentiality, the narrow exception, and what to do if you are asked.
Some applicants are still asked for an HIV test as part of a pre-employment medical. Kenyan law is clear that this cannot be a condition of getting or keeping a job. Here is what the HIV and AIDS Prevention and Control Act says.
No compulsory testing for employment
Section 13 of the Act says no person shall compel another to undergo an HIV test, and specifically not as a precondition to, or for the continued enjoyment of, employment. Breaking this rule is an offence (section 13(4)).
A test can only be done with your informed consent (section 14).
No discrimination on HIV status
No one may be denied a job they are qualified for, transferred, denied promotion or dismissed on the grounds only of their actual, perceived or suspected HIV status (section 31(1)). Discriminatory acts under this part of the Act are offences (section 38).
The only exception is where an employer proves to the HIV and AIDS Tribunal that the job requires a particular state of health or medical condition (section 31(2)). The employer has to go to the Tribunal; it cannot decide that on its own.
Your results stay private
No one may disclose the result of an HIV test to another person without your written consent, except in the limited cases the Act lists (section 22). A pre-employment medical report should not carry an HIV result.
If you are asked for a test
- Ask, in writing, which tests the medical includes and why.
- You may decline an HIV test. Say so in writing and keep a copy.
- If an offer is withdrawn or you are dismissed after refusing or because of your status, keep every message and seek advice. Complaints under the Act go to the HIV and AIDS Tribunal.
This guide is general information, not legal advice for your situation.
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Frequently asked questions
Can an employer in Kenya require an HIV test?
No. Section 13 of the HIV and AIDS Prevention and Control Act bars compelling an HIV test as a precondition to, or for keeping, employment.
Can I be refused a job because of my HIV status?
No. Section 31 bars denying a qualified person a job on the grounds only of HIV status, unless the employer proves to the Tribunal that the job requires a particular state of health.
Can my employer see my HIV test result?
Not without your written consent, except in the limited cases in section 22 of the Act.