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Kenyan Law on Sexual Harassment at Work

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 3 January 2020.

As we begin a new year, it's essential to acknowledge the prevalence of sexual harassment in many institutions. In Kenya, the Employment Act of 2007 marked a significant milestone in recognizing and addressing this issue.

Published on January 3, 2020, the Act aimed to provide a clear definition and framework for addressing sexual harassment in the workplace. According to the Act, sexual harassment includes any unwelcome physical, verbal, or non-verbal conduct of a sexual nature, such as demeaning comments, indecent remarks, or attempts to punish refusal to comply with sexual requests.

The Act requires employers with 20 or more employees to develop and issue a policy statement against sexual harassment, which should include a definition of the offense, a statement on employee protection, and an explanation of the complaints procedure.

Employers are held responsible for ensuring that sexual harassment is not condoned in the workplace, and perpetrators may face disciplinary measures. However, many employees fear reprisals and may shy away from reporting incidents.

Some organizations have implemented measures to address this issue, such as appointing external parties to handle complaints and providing training to employees on recognizing and reporting harassment.

It's essential to note that the law is gender-neutral, and both men and women can be perpetrators or victims of sexual harassment. Additionally, policies should not be used to settle scores between individuals who have had a consensual relationship.

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