Algorithmic Bias in Hiring Algorithms: A Kenyan Perspective

Authors

  • Kazungu Mrashui Strathmore University Law School (Nairobi, Kenya)

DOI:

https://doi.org/10.52907/slr.v9i1.480

Keywords:

Machine Learning, Discrimination, Algorithmic Fairness, Artificial Intelligence, Labour Law

Abstract

The use of machine learning algorithms has permeated into nearly all aspects of life. With this steady integration, tasks previously handled by humans are increasingly falling into the ‘hands’ of machines. Ideally this would be celebrated as a great improvement for mankind. Tasks that were previously riddled with human bias such as hiring would now be performed by an ‘omniscient algorithm’ that could harbor no bias therefore resulting in fair outcomes for the previously oppressed. However, this is not the case. The integration of machine learning algorithms in the hiring process risks further exacerbating existing bias that was prevalent or introducing new data-driven bias. The question then is how to contend with this novel form of discrimination: algorithmic discrimination. The answer to combating algorithmic discrimination is algorithmic fairness. The goal should not be to create ‘fair’ algorithms but rather to detect and mitigate fairness-related harms as much as possible. By doing so, a balance can be struck between the competing interests of innovation and employee rights. This article demonstrates that algorithmic discrimination during hiring is a real threat to the Kenyan jobseeker. Although this form of discrimination can be addressed by Kenyan law, more needs to be done to detect and mitigate fairness-related harms as much as possible.

Author Biography

Kazungu Mrashui, Strathmore University Law School (Nairobi, Kenya)

The author holds a Bachelor of Laws (LLB) degree with Second Class Honours (Upper Division) from Strathmore Law School (Nairobi, Kenya), where he cultivated a strong interest in the intersection of law, technology, and policy. Currently serving as a Tax Associate at Deloitte, he specializes in tax compliance and transfer pricing. His professional and academic pursuits center on the convergence of law, technology, and policy, with a particular emphasis on tackling emerging legal challenges in the digital age. His research focuses on the critical issue of algorithmic bias in hiring processes within the Kenyan
context, underscoring his dedication to promoting equitable solutions in the digital era.

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Published

2024-12-19

How to Cite

Mrashui, K. (2024). Algorithmic Bias in Hiring Algorithms: A Kenyan Perspective. Strathmore Law Review, 9(1), 13–36. https://doi.org/10.52907/slr.v9i1.480