The Tharaka Nithi County Affirmative Action Bill, 2017. 1 THE THARAKA NITHI COUNTY AFFIRMATIVE ACTION BILL, 2017 ARRANGEMENT OF CLAUSES Clauses PART I—PRELIMINARY 1—Short Title 2—Interpretation 3—Object. 4—Application. 5—Constitutional premise. 6—Prohibition PART II— ESTABLISHMENT OF ADMINISTRATIVE FRAMEWORK AND FUNCTIONS 7—Obligation to develop affirmative action programs. 8—Content of affirmative action program. 9—Office of Director. 10—Recruitment, appointment qualifications etc. 11—Tenure of Director. 12—Remuneration and allowances. 13—Resignation. 14—Termination of employment. 15—Functions and powers of Director. 16—Delegation. 17—Executive directions by Executive Committee Member. 18—Performance of directives. 19—Reports. 20—Public reports. 21—Request for further information 22—Failure to submit report or further information. PART III—ADMINISTRATION
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The Tharaka Nithi County Affirmative Action Bill, 2017.
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THE THARAKA NITHI COUNTY AFFIRMATIVE ACTION BILL, 2017
ARRANGEMENT OF CLAUSES
Clauses
PART I—PRELIMINARY
1—Short Title
2—Interpretation
3—Object.
4—Application.
5—Constitutional premise.
6—Prohibition
PART II— ESTABLISHMENT OF ADMINISTRATIVE
FRAMEWORK AND FUNCTIONS
7—Obligation to develop affirmative action programs.
8—Content of affirmative action program.
9—Office of Director.
10—Recruitment, appointment qualifications etc.
11—Tenure of Director.
12—Remuneration and allowances.
13—Resignation.
14—Termination of employment.
15—Functions and powers of Director.
16—Delegation.
17—Executive directions by Executive
Committee Member.
18—Performance of directives.
19—Reports.
20—Public reports.
21—Request for further information
22—Failure to submit report or further information.
PART III—ADMINISTRATION
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23—Staff of the Directorate.
24—Disciplinary control.
25—Secondment.
26—Consultants etc.
PART IV— MISCELLANEOUS
27- Advisory Committees.
28- Non-disclosure of confidential information.
29- Development of a code of conduct.
30-Regulations.
31-General
The Tharaka Nithi County Affirmative Action Bill, 2017.
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THE THARAKA NITHI COUNTY
AFFIRMATIVE ACTION BILL, 2017
A Bill for—
AN ACT of the THARAKA NITHI County to provide for
affirmative action, to establish an implementation mechanism of
affirmative action programs and for connected purposes
Enacted by the County Assembly of THARAKA NITHI as
follows—
PART I—PRELIMINARY
Short title. 1. This Act may be cited as the Affirmative Action Act, 2017.
Interpretation. In this Act unless the context otherwise
requires—
“affirmative action” includes any measure designed to overcome or
ameliorate an inequity or the systemic denial or infringement of
aright or fundamental freedom;
“affirmative action program”, in relation to a relevant employer,
means a program designed to ensure that—
appropriate action is taken to eliminate discrimination by the
relevant employer against women in relation to employment
matters; or
measures are taken by the relevant
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employer to promote equal opportunity for women in relation to employment matters;
“authority” means—
a body (whether incorporated or not) established for a public purpose by or under a law;
the holder of an office established for a public purpose by or under a law; or
an incorporated company over which the State or a body referred to in paragraph
is in a position to exercise control; “appoint” includes re-appoint;
“club” means an association (whether incorporated or not) of not less than thirty persons associated together
for social, literary, cultural, political, sporting, athletic or other lawful purposes that—
provides and maintains its facilities, in whole or in part, from the funds of the association; and
sells or supplies liquor for consumption on its premises;
“Director” means the Director of Affirmative Action;
“employer” means a person who employs a natural person—
under a contract of service, whether on a full-time, part-time, casual or temporary basis; or
under a contract for services;
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“employment matters” includes—
the recruitment procedure, and selection criteria, for appointment or engagement of persons as employees;
the promotion and transfer of employees;
training and staff development for employees; and
conditions of service of employees; “higher education institution” means a
university, college of advanced education or other institution of tertiary education (other than a technical and
further education institution;
“operative day”, in relation to a relevant employer, means the day specified in relation to that employer in
this Act;
“public report” means a public report referred to in this Act;
“relevant employer” means a natural person, or a body or association (whether incorporated or not), being
the employer of 10 or more employees;
“voluntary body” means a body or association (whether incorporated or not)the activities of which are not
engaged in for the purpose of making a profit, but does not include—
a club;
a trade union;
an association that provides grants, loans, credit or finance to its members;
a higher education institution;
“woman” means a member of the female sex
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irrespective of age.
Object. The purpose of this Act is to—
prohibit discrimination in education, employment, access to services
on the basis of race, color, religion, sex, national origin, ancestry,
sexual orientation, or disability;
provide for a framework for implementation of the relevant Articles
of the Constitution by the County Government;
require affirmative action to be taken in employment and in the
advancement of qualified women and minorities;
prohibit employment discrimination on the basis of race, color,
religion, sex, and national origin in the County Government assisted
programs;
require affirmative action to be taken to employ and advance
qualified individuals with disabilities and prohibits employment
discrimination based on a disability in County Government assisted
programs; and
provide for a framework to ensure appreciation and implementation
of fair administrative action and affirmative action in the County.
Application. (1) This Act applies to all persons, whether incorporated or not, and
State or non-state entities operating or conducting business within
the county.
Nothing in this Act shall be construed as contradicting the Provision
of the Constitution of Kenya in any matters touching on affirmative
action.
The Act shall be construed in complementation
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of the Constitution of Kenya and Acts of Parliament
providing for similar matters.
Constitutional
premise.
(1) Pursuant to Article 27 of the Constitution, every person is
equal before the law and has the right to equal protection and
equal benefit of the law.
Equality includes the full and equal
enjoyment of all rights and fundamental freedoms.
Women and men have the right to equal treatment, including the
right to equal opportunities in political, economic, cultural and
social spheres.
The County Government shall not discriminate directly or
indirectly against any person on any ground, including race, sex,
pregnancy, marital status, health status, ethnic or social origin,