Career advice · Updated October 2026

Sexual Harassment at Work in Kenya: What the Law Says and How to Report It

Unwelcome comments about your body, a manager who hints that a promotion depends on “being nice”, or a colleague who keeps sending explicit messages: all of these can be sexual harassment at work in Kenya, and the law treats it seriously. Section 6 of the Employment Act, 2007 defines it, puts duties on employers, and gives you a route to the Employment and Labour Relations Court (ELRC). This guide explains what counts, what your employer must do, how to report it, and what the courts have actually awarded.

What counts as sexual harassment under section 6

Section 6(1) says an employee is sexually harassed if the employer, a representative of the employer, or a co-worker does any of the following:

1. Asks for sex or sexual contact with strings attached. This covers a direct or indirect request for sexual intercourse, sexual contact or any other sexual activity that carries an implied or express promise of better treatment, a threat of worse treatment, or a threat about your present or future job.
2. Uses sexual language, written or spoken. Messages on WhatsApp, emails and remarks in meetings all count.
3. Uses visual material of a sexual nature, such as images, videos or memes.
4. Shows physical behaviour of a sexual nature, such as touching, grabbing or blocking your way.

The final words of section 6(1)(d) set the test: the behaviour must be unwelcome or offensive to you and, by its nature, have a detrimental effect on your employment, job performance or job satisfaction.

Three points are worth noting. First, the harasser does not have to be your boss: a co-worker is expressly covered. Second, the “quid pro quo” kind (sex in exchange for a job benefit) is only one form; a hostile pattern of comments or images is enough. Third, harassment is separately prohibited by section 5(3), which bars employers from harassing an employee or a job applicant on grounds that include sex. So the protection starts at the interview stage.

What your employer must do

Section 6(2) requires an employer with 20 or more employees to issue a policy statement on sexual harassment, after consulting the employees or their representatives. Under section 6(3), the policy must at least:

• define sexual harassment as section 6(1) does;
• state that every employee is entitled to employment free of sexual harassment;
• state that the employer will take steps to make sure no employee is harassed;
• state that the employer will take disciplinary measures against anyone under its direction who harasses an employee;
• explain how complaints can be brought to the employer’s attention; and
• promise that the complainant’s name and the circumstances will not be disclosed, except where needed to investigate or discipline.

Section 6(4) adds that the employer must bring the policy to the attention of every person under its direction. A policy filed away in HR and never shared does not meet the law.

Courts have gone further than the paper requirement. In SWM v Hardware Trading Store Limited & another [2021] KEELRC 1423, the ELRC in Nakuru said the employer must have a workplace policy, train employees on it and enforce it. Once the employee makes out a prima facie case, the burden shifts to the employer to show that the conduct did not happen and that a working policy is in place.

What courts have decided

The SWM case is a useful reality check. A cashier said the managing director made sexual remarks, grabbed her and slapped her buttocks. She had not reported it to the police, and the employer said the claim was an afterthought. The court accepted her account, noting that harassment is “extremely personalized and difficult to proof” and often undocumented, and found both the company and the director liable. It awarded KSh 50,000 in damages, far less than the KSh 5 million she asked for, and it rejected her other claims, including unfair termination, because her evidence on them fell short.

Two lessons follow. You can win without a police report or a witness who will testify. But the size of any award depends on the evidence, and other claims in the same case still have to be proved on their own.

Sexual harassment can also be a crime

Section 23 of the Sexual Offences Act, 2006 makes it an offence for a person in a position of authority, or holding a public office, to persistently make sexual advances or requests they know, or should reasonably know, are unwelcome. The penalty is imprisonment of not less than three years, a fine of not less than KSh 100,000, or both. Sexual assault is a separate, more serious offence. You can pursue a criminal complaint with the police and an employment claim at the ELRC at the same time.

How to report sexual harassment at work

1. Write things down as they happen. Note the date, time, place, what was said or done, and who was nearby. Keep screenshots of messages, with the sender’s number visible, and back them up off your work phone.
2. Read your employer’s policy. If there are 20 or more staff, there should be one. Follow its reporting channel, usually HR or a named officer, and put your complaint in writing.
3. Escalate if the channel is compromised. If the harasser is your HR manager or the owner, write to the next level up, the board or the parent company. Keep copies.
4. Report crimes to the police. Physical assault or persistent advances by a person in authority can be reported at any police station. Ask for an OB number.
5. Get support. A trade union official, if you have one, can accompany you. The National Gender and Equality Commission also handles gender-based complaints.
6. File a claim if nothing changes. Section 86 lets you go to the labour officer or the ELRC. The court can award damages for harassment and for any related unfair treatment.

Watch the deadline. Section 89 of the Employment Act generally requires a claim within three years of the act complained of, or within 12 months after a continuing injury ends. Our guide to filing a case at the ELRC or labour office walks through the steps.

If you are punished for complaining

Retaliation often follows a complaint: sudden poor appraisals, a transfer, or dismissal. Under section 43, an employer must prove the reason for a termination, and section 45 makes a termination unfair if the reason is not valid and fair. Section 46(h) says that starting, or proposing to start, a complaint or other legal proceedings against your employer is not a fair reason for dismissal or a disciplinary penalty, unless the complaint is shown to be irresponsible and without foundation. If you were pushed out, read our guides on unfair termination and constructive dismissal, and check what you are owed with the terminal dues calculator.

If you decide to leave, you can draft a notice with the resignation letter generator without giving reasons you are not ready to put in writing. Business Radar reported a related case on the cost of getting process wrong: a former Co-op Bank employee awarded KSh1.1m over a flawed dismissal.

For employers: getting compliance right

A short, practical policy is better than a long one nobody reads. Cover the section 6(3) points, name two reporting contacts of different genders where possible, set a timeline for investigations, protect confidentiality, and ban retaliation. Train managers first, as they are the most common subject of complaints. Record every complaint and the action taken. When the case reaches court, those records are your proof that the policy was implemented.

Key takeaways

• Section 6 of the Employment Act covers requests for sex tied to job benefits or threats, sexual language, sexual images and unwelcome physical behaviour.
• A co-worker, not just a boss, can be the harasser, and job applicants are protected under section 5.
• Employers with 20 or more employees must issue and share a sexual harassment policy.
• The ELRC accepts that harassment is hard to document; a credible, consistent account can succeed.
• Persistent advances by a person in authority are also a crime under section 23 of the Sexual Offences Act.
• Claims generally have to be filed within three years under section 89.

For a wider view of your rights, read our plain-English guide to the Employment Act, or browse new jobs in Kenya if you are ready to move on.

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