Sexual harassment is difficult to raise and harder to endure, and many employees put off reporting because they fear the consequences more than the conduct. Kenyan law provides routes for reporting and protections against retaliation. Knowing them makes the first step less heavy.
What does Kenyan law say about sexual harassment at work?
The Employment Act 2007 treats sexual harassment as a workplace wrong and requires employers with at least twenty employees to issue a written policy statement on it, after consulting their employees. The employer owes every employee a working environment free from harassment, and that duty does not depend on anyone having complained. Conduct amounting to assault can also be a criminal matter, separate from employment remedies.
How can you report sexual harassment at work?
- An internal complaint under the employer’s harassment policy, to HR or the named contact
- A complaint to a labour officer, who can inquire into employment complaints
- A claim at the Employment and Labour Relations Court (ELRC)
- A report to the police, where the conduct may be criminal
What protections do you have when you report?
Dismissal or disadvantage because you complained in good faith is itself actionable, and the ELRC takes retaliation seriously. Confidentiality should be maintained by everyone handling the complaint, and the personal data in complaint files is protected under the Data Protection Act 2019. If the employer does nothing after a report, that inaction can ground a claim of its own. These protections apply whether the complaint is made internally or outside the organisation.
Preparing to report
Write down what happened, with dates and witnesses, and keep any relevant messages. Bring a companion to meetings where the policy allows, and keep copies of everything you submit. We advise employees on harassment complaints and act in related proceedings through our dispute resolution practice, within the firm’s wider practice areas.
This article was written by Bruno Walela Situma, who advises on dispute resolution, insurance and litigation matters at CS Advocates LLP.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.