Pay & working terms · 3 min read
Sexual harassment at work in Kenya: what the law says and what to do
How the Employment Act defines sexual harassment, what an employer with twenty or more staff must have in place, and the steps to take if it happens to you.
Sexual harassment at work is defined in Kenya's Employment Act, and the definition is wider than many people think. It covers requests for sex tied to your job, and also words, images and physical behaviour of a sexual nature. Here is the law and a practical plan.
What counts as sexual harassment
Section 6(1) says an employee is sexually harassed if the employer, a representative of the employer or a co-worker:
- asks, directly or indirectly, for sexual intercourse, sexual contact or other sexual activity with an implied or express promise of better treatment, or a threat of worse treatment, or a threat about the employee's present or future job;
- uses written or spoken language of a sexual nature;
- uses visual material of a sexual nature; or
- shows physical behaviour of a sexual nature
that subjects the employee to behaviour that is unwelcome or offensive and that harms the employee's employment, job performance or job satisfaction.
What the employer must have in place
An employer with twenty or more employees must issue a policy statement on sexual harassment after consulting the employees (section 6(2)). The policy must include the definition above, a statement that every employee is entitled to work free of sexual harassment, that the employer will take steps to prevent it and discipline those who do it, how to bring a complaint, and that the complainant's name will not be disclosed except where needed to investigate or discipline (section 6(3)).
The employer must bring the policy to the attention of everyone under its direction (section 6(4)). Ask HR for it.
If it happens to you
- Write down each incident the same day: date, place, what was said or done, and who saw it.
- Keep messages, emails and images. Take screenshots that show the date and sender.
- Report it through the channel in the policy, in writing, and keep a copy.
- If the harasser is your manager or the employer does nothing, go to the labour office or seek legal help. Physical assault and sexual offences can also be reported to the police.
Job seekers are targets too. A real interview never needs to happen in a hotel room or a private home, and no job requires sex. This guide is general information, not legal advice for your situation.
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Frequently asked questions
What is sexual harassment under Kenyan law?
Section 6 of the Employment Act covers requests for sexual activity tied to job treatment, and sexual language, images or physical behaviour that is unwelcome and harms your work.
Must my employer have a sexual harassment policy?
Yes, if it has twenty or more employees (section 6(2) of the Employment Act).
Will my name be shared if I complain?
The policy must state that the complainant's name will not be disclosed except where necessary to investigate or discipline.