Ever filled out a job form and seen that dreaded question asking for your tribe? That, my friend, is an offensive job application requirement that has no place in our modern Kenya.
We’re breaking down why this practice is not just outdated, but illegal, and what your rights are. Knowing this info is crucial for protecting yourself and demanding fairness in the job market.
Why Asking for Tribe is Illegal and Discriminatory
In Kenya, asking for your tribe on a job application is a direct form of ethnic discrimination, which is prohibited by law. Some people think it’s just a harmless formality for “data collection,” but that’s a misconception. The Employment Act and the Constitution are very clear: hiring decisions must be based on merit and qualifications, not your ethnic background.
The Law is on Your Side: The Employment Act
Your strongest shield is the Employment Act, 2007. It explicitly states that no employer shall discriminate against any person on grounds of race, religion, or tribe. For example, if a company in Nairobi’s Industrial Area asks for your tribe on their form, they are already violating this law before you even get an interview.
Where You Can Report Such Practices
If you encounter this, you have a right to report it. The main body to contact is the National Employment Authority (NEA). You can also file a complaint with the Kenya National Commission on Human Rights (KNCHR). These institutions exist to protect your rights in the workplace.
What to Do When You See the Question on a Form
Knowing it’s wrong is one thing, but knowing what to do next is what gives you power. Don’t just ignore it or fill it in hoping for the best. Taking the right steps can protect you and help stop the practice for others.
Here is a practical guide on how to handle the situation:
- Do Not Provide the Information: You can leave the section blank or write “Not Applicable.” Your application should not be disqualified for this. If it is, that’s further evidence of discrimination.
- Document Everything: Take a clear photo or screenshot of the application form showing the offensive question. Keep a copy of the job advert and any communication. This is your evidence.
- Consider a Polite Challenge: If you feel safe to do so, you can inquire. You could ask, “Could you clarify how this information is relevant to the role’s requirements, as per the Employment Act?” This often makes employers rethink.
- Report Confidently: Use the evidence you’ve gathered to file a formal complaint. You can do this online through the Kenya National Commission on Human Rights (KNCHR) website or by visiting their offices. The process is free.
Remember, a company that starts with discriminatory forms likely has a biased hiring process. Working for them might not be the opportunity you think it is. Protecting your dignity is key.
Common Mistakes and Misconceptions to Avoid
Thinking “It’s Just a Formality, I’ll Just Write It”
Many people fill it in, thinking it won’t affect their chances or that it’s required. This normalizes the practice. The correct approach is to refuse to provide the information, as your compliance makes it easier for the employer to discriminate.
Believing Only Small Companies Do This
This is not a “kiosk” problem. Even some established companies and NGOs have been caught with these forms. Always be vigilant, regardless of the organization’s size or reputation. Don’t assume they are above it.
Fear of Being “Difficult” and Losing the Job
The worry is real, but a job that starts with such a requirement is a red flag. You are not being difficult; you are asserting a fundamental right. A good employer will respect that, and a biased one has shown their true colours early, saving you future trouble.
Confusing It with Legitimate Diversity Monitoring
Some forms, especially for international partners, may ask for ethnic background for anonymized diversity reporting—this is usually voluntary and separate from the hiring decision. The illegal question is mandatory and part of the candidate assessment. Know the difference.
the Kenyan Legal and Social Terrain
Taking action in Kenya requires both the official process and the unspoken social dynamics. Pole, but it’s not always as straightforward as just quoting the law.
First, know your reporting avenues. The most direct government body is the National Employment Authority (NEA). You can visit their offices in Nairobi’s CBK Pension Towers or file a report via their website. For a broader human rights violation, the Kenya National Commission on Human Rights (KNCHR) on Lenana Road is your go-to. Filing a complaint is free of charge—you should not pay anyone any fee for this service.
However, be socially smart. In some tight-knit professional circles, word gets around. If you’re reporting a well-connected local company in a town like Nakuru or Eldoret, consider the potential for blacklisting. This doesn’t mean you shouldn’t act, but be strategic. Gather your evidence discreetly and use the official channels. Sometimes, a report to the KNCHR can be more anonymous and have more weight than a direct confrontation.
Also, understand the cultural excuse. Employers might claim they need to “balance the tribe” in the office. This is still illegal discrimination. The law doesn’t allow for a “tribal quota” in private companies. Your merit is what should balance the team.
The Bottom Line
Your tribe has absolutely no bearing on your ability to do a job. An employer asking for it on an application form is breaking the law and undermining the very fabric of a fair Kenya. You have the right to work in an environment free from this kind of discrimination.
If you see this question, don’t just accept it. Take a stand by reporting it to the National Employment Authority or the Kenya National Commission on Human Rights. Share this information with your friends and family so everyone knows their rights.
Frequently Asked Questions About Offensive Job Application Requirement: State Your Tribe in the Form in Kenya
What happens if I report a company and they find out it was me?
Kenyan law provides protection against victimization for reporting discrimination. The reporting bodies like the KNCHR handle complaints confidentially. However, it’s wise to have documented evidence of the form itself as your primary proof.
If you face direct retaliation, such as being denied a job you were qualified for, this becomes a separate, more serious legal case you can pursue.
Is there a time limit for reporting this after I see the form?
There is no strict public deadline, but you should report it as soon as possible. The fresher the evidence, the stronger your case. Don’t wait for months after the job application window has closed.
For the best outcome, file your report while the job advertisement or recruitment process is still active or very recent.
Can I report this completely online, or must I go to an office?
You can start the process online. Both the National Employment Authority (NEA) and the Kenya National Commission on Human Rights (KNCHR) have official websites with portals for filing complaints or inquiries.
For a more formal submission or if your case is complex, visiting their physical offices in Nairobi is recommended for direct guidance.
What if the company says they need it for “diversity and inclusion” data?
Legitimate diversity monitoring is anonymous, voluntary, and separate from the hiring decision. A mandatory field on the main application form is not for monitoring; it’s for assessment, which is illegal.
You can politely state that you’d be happy to provide such information in an anonymous, post-hiring survey if the company implements one.
Does this law apply to all employers, including small shops and families?
Yes, the Employment Act applies to all employers, regardless of size. Whether it’s a large corporation, a small duka, or a family hiring a house manager, asking for tribe on an application form is prohibited.
The challenge with very small informal employers is enforcement, but the principle of the law and your right remain the same.
