Pay & working terms · 2 min read
Workplace harassment in Kenya: records and reporting
Know what an employer’s sexual-harassment policy should cover, keep a factual record and use a safe reporting route.
Harassment at work can make a job feel unsafe and undermine a person’s ability to work. Kenyan employment law places duties on employers to issue a sexual-harassment policy in workplaces with twenty or more employees. This is general information, not legal advice.
Know what the policy should address
Section 6 of the Employment Act requires an employer with twenty or more employees to issue and bring to employees’ attention a policy statement on sexual harassment. The policy must state that employees may complain, identify a person to receive complaints and explain that the employer will investigate complaints.
The policy should also state that the employer will not disclose the complainant’s name or circumstances except where needed for investigation or disciplinary proceedings. Ask for the policy or reporting contact if you cannot find it.
Keep a factual record
Write down the date, time, place, words or conduct involved and who was present. Keep relevant messages, emails or screenshots in a private place. Record what happened rather than trying to diagnose the other person’s intention.
If you are in immediate danger, move to a safe place and contact emergency services or someone you trust. Do not feel required to confront a person alone in order to make a report.
Use an appropriate reporting route
Use the employer’s named complaint contact or another route in its policy. Keep a copy of what you submit and record when you reported it. If the concern involves the designated person, ask HR, senior management or the organisation’s stated alternative route.
A labour officer and the Employment and Labour Relations Court have roles in employment disputes. Consider legal advice or a support organisation for circumstances that need individual guidance.
Do not pay for help or a job
A complaint should not create an opportunity for someone to demand money, documents or private meetings. Verify any request through a known official contact.
Keep job applications and personal data separate from the report wherever possible. No real employer charges you to apply or to report workplace misconduct.
Sources and further reading
Explore this topic
Frequently asked questions
Does every employer need a sexual-harassment policy?
The Employment Act requires one where an employer has twenty or more employees.
What should I save after an incident?
Keep a factual dated record and any relevant messages or other evidence in a private place.