Pregnancy Discrimination in Kenya: Your Rights and What to Do If You Are Dismissed

If you were demoted, warned or pushed out soon after announcing your pregnancy, the timing and surrounding facts may matter. Pregnancy discrimination in Kenya is addressed by the Constitution and the Employment Act. This guide explains the protections, how the burden of proof works, and practical steps you can take now.

What counts as pregnancy discrimination at work in Kenya?

Section 5(3) covers direct and indirect discrimination against an employee or prospective employee on grounds including pregnancy. It applies to recruitment, training, promotion, employment terms, termination and other employment matters. Treatment does not have to be an express dismissal to deserve attention.

A performance plan introduced soon after you disclose a pregnancy, being told to stay home without pay, or a sudden change to your duties may be relevant facts. Timing alone does not decide every case; keep the communications and compare what changed before and after the disclosure.

Can my employer dismiss me because I am pregnant?

Section 45(4)(a) treats a termination based on a reason listed in section 46 as unfair. That does not prevent an employer from relying on a genuine reason unrelated to pregnancy, but the employer must prove the reason for termination under section 43 and follow the applicable fair procedure.

The Act also protects maternity leave. Under section 29(2), after maternity leave an employee is entitled to return to the job held before leave or a reasonably suitable job on terms that are no less favourable. Keep any communication about leave, duties or a proposed return.

Which laws protect me?

• Constitution, Article 27(4): pregnancy is expressly included among the grounds on which a person must not be discriminated against.
• Constitution, Article 27(5): a person must not discriminate directly or indirectly against another person on the listed grounds.
• Employment Act, section 5(3): employers must not discriminate directly or indirectly against employees or prospective employees on grounds that include pregnancy.
• Employment Act, section 46(a): pregnancy or a reason connected with pregnancy is not a fair reason for dismissal or disciplinary action.

Who has to prove what?

Keep facts that explain what happened and why you believe it was connected to pregnancy. Useful evidence may include the timing of a decision, earlier performance records, messages or comments about pregnancy or leave, and how comparable situations were handled. The court assesses the evidence in the individual case; section 5(7) states who bears the burden of disproving a claimed breach of that section.

A termination claim also has its own burden rules. Section 47(5) says the employee must prove that unfair termination or wrongful dismissal occurred, while the employer must justify the grounds for termination. These provisions address related but distinct questions.

What should I do this week?

1. Write a timeline. Note dates, decisions, conversations, witnesses and when you told the employer about the pregnancy.
2. Save relevant records. Keep your contract, payslips, appraisals, emails, letters and work-related messages. Keep copies you are entitled to access.
3. Respond in writing. If you receive a warning or performance plan, ask for the reasons and record your concern that the decision may be connected to pregnancy.
4. Raise a grievance if appropriate. Keep a copy of what you submit and the response.
5. Get advice promptly. Ask a qualified advocate or labour officer about the right route and applicable deadline before signing exit documents.

What can I claim?

Section 49(1)(c) provides for compensation of up to twelve months of an employee’s gross monthly wage or salary for unfair termination. Section 49(3) also provides for reinstatement or re-engagement to be recommended in an appropriate case, taking statutory factors into account. These are not automatic outcomes.

A discrimination claim may also involve constitutional remedies. In Wanjira v Computer Learning Centre, the court awarded KES 3,000,000 as general damages for violation of constitutional rights under Article 27(4) read with section 5(3)(a). It expressly made the award without separate compensation under section 49(1)(c) and (4). The award was specific to that case and is not a prediction of what another court will award.

How long do I have to act?

The correct route and limitation period can depend on the claim being brought. Do not assume that one deadline applies to every labour-office complaint or constitutional claim. Seek advice promptly; waiting can make evidence harder to obtain and may affect your options.

What happened in the Wanjira case?

In Wanjira v Computer Learning Centre, Cause 767 of 2019, [2023] KEELRC 2528 (KLR), judgment delivered on October 12, 2023, the claimant was a Sales Accounts Manager whose employment ended while she was pregnant and preparing for maternity leave. The employer disputed that it knew of her pregnancy and relied on performance concerns. The court considered her evidence and that of a colleague, and found the employer had not discharged its burden to disprove discrimination.

The court awarded KES 3,000,000 as general damages for violation of Article 27(4) of the Constitution read with section 5(3)(a) of the Employment Act, with interest at court rates from judgment until payment and costs. The judgment specifically said it was not awarding separate compensation under section 49(1)(c) and (4). Read the full Wanjira judgment on Kenya Law for the evidence and reasoning.

This article is general information, not legal advice. Your situation may differ. Updated November 2, 2026.