Can a Christian company fire an employee for being an unwed mother?

Wednesday, December 24, 2025

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Sacking of a female employee on the grounds of being an unwed mother fundamentally undermines the purpose of the Employment Act.

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By Eric Mukoya

Columnist

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Dear Wakili,

I work in a Christian organisation. I learnt that my colleague was fired for being an unwed mother, isn’t that discrimination?

Kenya has made a formal commitment to the Sustainable Development Goals, particularly the principle of "Leave No One Behind." Consequently, actions by employers that undermine this commitment diminish the country's capacity to realise these objectives. Article 10(1) and (2) of the Constitution obligates the state, public officials, and both legal and non-legal entities to conduct their affairs in a manner rooted in values such as patriotism, national unity, the rule of law, human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination, and the protection of marginalised groups. Employers and organisational leaders are therefore required to uphold the highest standards of good governance, integrity, transparency, accountability, and sustainable development.

Section 5(3a) of the Employment Act, empowered by Article 27(4) of the Constitution, explicitly prohibits employers from engaging in either direct or indirect discrimination against current or prospective employees on the basis of race, color, religion, disability, pregnancy, marital status, mental status (including HIV status), political or other opinion, nationality, or ethnic and social origin. Subsection (b) extends this mandate by requiring employers to actively promote inclusion throughout all stages of employment, including recruitment, training, promotion, transition, and termination. These principles must also be reflected in the terms and conditions of each specific job position. It is therefore a fundamental principle that all employment-related issues should be addressed with a clear commitment to inclusion and deliberative intent.

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