Sexual Harassment
Sexual harassment in the workplace is prohibited by law. Sexual Harassment at workplace is a direct or implicit request to a worker for any form of sexual favour to get preferential treatment at workplace; or threaten the worker of detrimental treatment on the present or future employment status of the worker. It also includes use of filthy language (unwelcome verbal advances, sexual oriented comments, request for sexual favours, jokes of a sexual nature, offensive flirtation or obscene expressions of sexual interest that are addressed directly to the person), visual material of sexual nature (sexually suggestive pictures, objects or written materials or sexually suggestive gestures) and showing physical behaviour of sexual nature (unwanted and unwelcome touching, patting, pinching or any other unsolicited physical contact). All these have a detrimental effect on workers' employment, job performance, and job satisfaction.
In an establishment with more than 25 workers, the employer may issue a policy statement on sexual harassment, which clearly defines sexual harassment and states that the workplace is free of sexual harassment. Employers must take measures to ensure that workers are not subjected to sexual harassment and take appropriate disciplinary measures against the person involved in sexual harassment. The employer must appoint a person to oversee sexual harassment complaints.
The policy statement must also describe the procedure through which workers may bring complaints of sexual harassment to the attention of the Labour officer. The officer must keep confidential all the information related to the complainant except where disclosure is necessary for investigation or taking disciplinary measures. Each worker should be well aware of the provisions of the policy statement.
Under the Penal Code, anyone who insults the modesty of a woman or girl through words, sounds, gestures, objects, or by intruding on her privacy commits a misdemeanour and faces up to one year of imprisonment.
Employment (Sexual Harassment) Regulations 2012 prescribe that those who contravene the sexual harassment related provisions commit an offence and are liable, on conviction, to a fine not exceeding six currency points (one currency point is equal to 20,000 shillings) or imprisonment not exceeding three months or both.
Source: §128(3) of the Penal Code Act of 1950, last amended in 2024; §6 of the Employment Act 2006, last amended in 2023; §8 & 19 of the Employment (Sexual Harassment) Regulations 2012
