An employer has the right to limit access to certain categories of employment.

Section 5 of the Employment Act states that where it is necessary in the interest of state security, it will not be discrimination on the part of the employer to restrict access to limited categories of employment. Discrimination has since been discouraged at the work place. However there are instances where the right to nondiscrimination might be limited such as some employees having rights which do not their counterparts do not have. Wycliffe Lisalitsa v Chief Executive Officer Kenyatta National Hospital & 5 others [2014] eKLR
The Respondents submitted that the Claimants were not members of the Kenya Medical Practitioners, Pharmacists and Dentists Union and are not part of the negotiations resulting in the granting of the extraneous allowance, that the Claimants did not fall within the categories of employees listed in the circulars which referred to the same cadre of employees and there was no discrimination in the implementation of the allowance. The court held that the Claimants had not proved that they were included in the in any previous or subsequent circulars for purposes of payment of extraneous allowance.

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