Sexual Harassment at Work in Kenya: Your Legal Rights, Employer Duties, and How to Report

Table of Contents

1. What Is Sexual Harassment at Work in Kenya

   
   

2. The Law on Sexual Harassment Under Kenyan Employment Law

   
   

3. Employer Duties on Sexual Harassment in the Workplace

   
   

4. Employee Rights When Facing Sexual Harassment

   
   

5. How to Report Sexual Harassment at Work in Kenya

   
   

6. Evidence Needed in a Workplace Sexual Harassment Complaint

   
   

7. Remedies and Compensation Under Kenyan Law

   
   

8. Protection Against Victimisation

   
   

9. Time Limits for Filing a Sexual Harassment Claim

   
   

10. Frequently Asked Questions on Sexual Harassment at Work in Kenya

    
    

1. What Is Sexual Harassment at Work in Kenya

Sexual harassment at work in Kenya is any unwelcome sexual conduct that affects an employee’s dignity, employment, or working environment. It includes verbal, non verbal, physical, or implied sexual behavior that creates a hostile workplace.

Common examples include:

• Unwanted sexual advances

  
  

• Requests for sexual favours linked to job benefits

  
  

• Sexual jokes, comments, or messages

  
  

• Display of sexual material at work

  
  

• Unwanted touching or physical contact

  
  

• Threats related to rejection of sexual advances

2. The Law on Sexual Harassment Under Kenyan Employment Law

Sexual harassment at work in Kenya is regulated primarily by:

• Employment Act, 2007 Section 6

  
  

• Constitution of Kenya Article 27 and 28 on equality and dignity

  
  

• Occupational Safety and Health Act on safe working environments

  
  

Under Section 6 of the Employment Act, sexual harassment occurs where an employer, manager, or co worker:

• Directly or indirectly requests sexual activity

  
  

• Uses language of a sexual nature

  
  

• Displays sexual materials

  
  

• Shows physical behavior of a sexual nature

  
  

This applies where the conduct interferes with work or creates an intimidating or hostile environment.

3. Employer Duties on Sexual Harassment in the Workplace

Employers in Kenya have a legal obligation to prevent sexual harassment at work. Where an employer has 20 or more employees, the law requires a written sexual harassment policy.

The policy must include:

• A definition of sexual harassment

  
  

• A clear reporting procedure

  
  

• Assurance of confidentiality

  
  

• Disciplinary consequences

  
  

• Protection from retaliation

  
  

Failure to address complaints may expose the employer to liability before the Employment and Labour Relations Court.

4. Employee Rights When Facing Sexual Harassment

An employee facing sexual harassment at work in Kenya has the right to:

• A safe and dignified workplace

  
  

• Report harassment without fear

  
  

• Fair and confidential investigation

  
  

• Protection from dismissal or punishment for reporting

  
  

• Legal redress if the employer fails to act

  
  

These rights apply to both men and women, and to all employees including interns and contract staff.

5. How to Report Sexual Harassment at Work in Kenya

Follow these steps:

Step 1. Document the Incidents

Write down dates, locations, what was said or done, and witnesses.

Step 2. Check the Employer Policy

Review your workplace sexual harassment policy.

Step 3. Make a Formal Complaint

Report to HR, your supervisor, or the designated reporting officer.

Step 4. Keep Evidence

Save messages, emails, recordings where lawful, and medical reports if relevant.

Step 5. Follow Up

Request updates on the investigation outcome.

Step 6. Escalate if Necessary

If the employer fails to act, you may report to:

• The Labour Office

  
  

• The Employment and Labour Relations Court

6. Evidence Needed in a Workplace Sexual Harassment Complaint

Strong evidence improves credibility.

Useful evidence includes:

• Written communication such as emails or texts

  
  

• Witness statements

  
  

• CCTV footage

  
  

• Medical or counselling report

  
  

• Complaint letters and employer responses

  
  

Kenyan courts assess whether conduct was unwelcome and whether the employer acted reasonably.

7. Remedies and Compensation Under Kenyan Law

The Employment and Labour Relations Court may award:

• Compensation for unfair termination

  
  

• Damages for emotional distress

  
  

• Salary arrears

  
  

• Reinstatement in rare cases

  
  

• Orders directing policy compliance

  
  

Employers may also face reputational and regulatory consequences.

8. Protection Against Victimisation

The law protects employees from retaliation.

Victimisation includes:

• Dismissal after reporting

  
  

• Demotion

  
  

• Hostile transfers

  
  

• Threats or intimidation

  
  

Such action can amount to unfair termination.

9. Time Limits for Filing a Sexual Harassment Claim

Most employment claims must be filed within three years under the Employment Act. Claims involving personal injury aspects may have different timelines.

Early reporting strengthens the case.

10. Frequently Asked Questions on Sexual Harassment at Work in Kenya

1. Can sexual harassment occur without physical contact?

Yes. Verbal or non verbal conduct can qualify.

2. Is the employer liable if harassment is by a co worker?

Yes, if the employer fails to take reasonable preventive or corrective action.

3. Must a complaint be in writing?

Best practice is written reporting, even if the initial report is verbal.

4. Can a man file a sexual harassment claim in Kenya?

Yes. The law protects all genders.

5. Can I resign and still claim sexual harassment?

Yes, if the situation amounts to constructive dismissal.

6. What if there are no witnesses?

Your testimony and supporting circumstantial evidence can still be considered.

7. Is mediation possible in sexual harassment disputes?

Yes, but serious cases often proceed formally.

8. Can criminal charges also apply?

Yes, certain conduct may also amount to criminal offences.

Sexual Harassment at Work in Kenya: Your Legal Rights, Employer Duties, and How to Report