[Rev. 2012] CAP. 226 Employment (2) The term “forced or compulsory labour” shall not include— (a) any work or service exacted by virtue of compulsory military service laws for work of a purely military character: Provided that forced or compulsory recruitment of children for use in armed conflict shall be deemed to be forced or compulsory labour; (b) any work or service which forms part of the normal civic obligations of the citizens of Kenya; (c) any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the work or service is carried out under the supervision and control of a public authority and that the person is not hired out to or placed at the disposal of private persons, companies or associations; (d) any work or service exacted in cases of an emergency, such as in the event of war or disaster or threat of calamity in any circumstance that would endanger the existence or the well-being of the whole or part of the population; and (e) minor communal services performed by the members of the community in the direct interest of the said community, provided the members of the community or their representatives are consulted. (3) A person who contravenes the provisions of this section commits an offence and shall, on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both. 5. Discrimination in employment (1) It shall be the duty of the Minister, labour officers and the Industrial Court— (a) to promote equality of opportunity in employment in order to eliminate discrimination in employment; and (b) to promote and guarantee equality of opportunity for a person who is a migrant worker or a member of the family of the migrant worker, lawfully within Kenya. (2) An employer shall promote equal opportunity in employment and strive to eliminate discrimination in any employment policy or practice. (3) No employer shall discriminate directly or indirectly, against an employee or prospective employee or harass an employee or prospective employee— (a) on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, pregnancy, mental status or HIV status; (b) in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment. (4) It is not discrimination to— (a) take affirmative action measurers consistent with the promotion of equality or the elimination of discrimination in the workplace; 11 [Issue 1]