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EmploymentUpdated 1 min read

Sexual harassment at work: employer duties under Kenyan law

Employers with twenty or more employees must have a harassment policy. Here is what the law requires and how to handle complaints.

By Wakili Link Editorial

Section 6 of the Employment Act, 2007 prohibits sexual harassment of employees by employers, managers or co-workers.

What counts as sexual harassment

It includes requests for sexual favours linked to employment benefits or threats, and unwelcome sexual conduct, language or visual material that creates a hostile environment.

The policy requirement

An employer with twenty or more employees must, after consulting employees or their representatives, issue a policy statement on sexual harassment. It must:

  • define sexual harassment,
  • state that employees are entitled to a workplace free of it,
  • explain how to make a complaint, and
  • commit to confidentiality and disciplinary action.

Handling a complaint

  1. Receive the complaint in writing and acknowledge it.
  2. Protect the complainant from retaliation.
  3. Investigate promptly and impartially, hearing both sides.
  4. Take proportionate disciplinary action and record the outcome.

Liability

Employers who fail to act can be liable in the Employment and Labour Relations Court, and the courts have awarded substantial damages for violations of dignity.

This article is general information, not legal advice on your situation.

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    Sexual harassment at work: employer duties under Kenyan law