Submission on the Right to Work in Kenya

Submission Overview

This submission by Tranzuri Organization addresses persistent inequalities in access to employment and decent work for transgender and marginalized communities in Kenya. Despite Kenya’s obligations under ICESCR Article 6, systemic discrimination continues to limit opportunities and dignity in work.

Key Issues

1. Employment Discrimination

   • Transgender persons face rejection during recruitment processes.
   • Lack of legal protections against workplace harassment.
   • Limited enforcement of anti-discrimination provisions in labor law.

2. Barriers to Decent Work

   • Precarious informal sector employment dominates for marginalized groups.
   • Lack of access to social security, benefits, and workplace protections.
   • Exclusion from vocational training and skills development programs.

3. State Obligations

   • Kenya must recognize and ensure the right to gain a living by freely chosen work.
   • Weak monitoring mechanisms for workplace rights violations.
   • Limited implementation of CESCR recommendations on labor rights.

Recommendations

• Strengthen anti-discrimination protections in employment law, explicitly covering gender identity.
• Ensure equal access to vocational training and skills-building programs.
• Establish monitoring and accountability systems for labor rights violations.
• Expand social protection to cover informal and vulnerable workers.

References

• ICESCR, Article 6: Right to Work
• CESCR General Comment No. 18: The Right to Work
• Tranzuri Organization, Community-Based Research on Employment Barriers (2024)

“Work is not only a source of livelihood — it is central to dignity, equality, and social inclusion.” – Tranzuri Organization