This archive report was first published on 29 June 2019.
On November 20, 2018, the United Nations General Assembly adopted a resolution on sexual harassment, marking a significant step towards addressing the issue globally. This move was largely driven by the #MeToo movement, which began gaining momentum after several women, including Oscar Award-winning actress Lupita Nyong'o, accused Hollywood producer Harvey Weinstein of sexual misconduct.
According to Vivian Mwende, an advocate of the High Court and legal counsel at the International Federation of Women Lawyers (Fida), the resolution urges states to recognize the current situation of violence against women and girls and to take measures to ensure that employers in all sectors are held accountable for any violations of sexual harassment laws and regulations. As of 2019, the situation in Kenya remains dire, with many women still facing sexual harassment at work.
Incidents of Sexual Harassment ¶
In one incident, a 29-year-old marketer, Lexy, was sexually harassed by her immediate manager at work. She reported the incident to the HR department, which investigated the matter and suspended the manager for two weeks. However, the company was unable to fire him due to his value to the organization. Lexy's experience is not unique; many women in Kenya face similar situations, with some even being fired for refusing to give in to their harassers' demands.
Another victim, Anna, was fired from her job as a teacher after she refused to give in to her principal's advances. She was asked to sleep with him in exchange for a salary increase, and when she refused, he resorted to giving her her salary in a hotel. Anna's story highlights the pervasive nature of sexual harassment in Kenyan workplaces, including in institutions that are supposed to be safe and respectful.
Lack of Reporting ¶
Despite the prevalence of sexual harassment, many women in Kenya do not report incidents due to fear of judgment or job loss. Mwende notes that when a woman is sexually harassed, it revolves around her dignity, and she often fears to speak up. The fear of being doubted and the fear of losing her job are also major concerns. This fear is compounded by the fact that the burden of proof lies with the party alleging harassment, making it difficult for women to come forward.
Mwende encourages women to keep any communication between them and the aggressor, as this can serve as evidence in case of a lawsuit. She also emphasizes that a lack of intent is not a defense to an allegation of sexual harassment. In 2003, the Sexual Offences Act was enacted, providing a framework for addressing sexual offenses, including indecent acts and sexual harassment.
Consequences of Not Reporting ¶
When women do not report sexual harassment, they empower the perpetrator to commit the same offense against someone else. Mwende advises women to report incidents of sexual harassment, as this is the only way to bring perpetrators to justice and create a safer work environment. By speaking out and seeking justice, women can help to break the cycle of silence and shame that surrounds sexual harassment in Kenya.
