Sexual harassment at work: what the law says
Employment Act, 2007 and Sexual Offences Act · sources read 4 Oct 2026
It is sexual harassment when your employer, their representative or a co-worker asks you for sex with a promise or threat about your job, or uses unwelcome sexual words, images or touching that harms your work. Employers with 20 or more staff must have a written policy that explains how to complain and keeps your name confidential.
- Deadline
- A court claim under the Employment Act must be filed within 3 years.
- Where
- Your employer under its harassment policy; the area labour office; the police for the criminal offence
Steps
- Complain to your employer using the complaints procedure in its sexual harassment policy.
- You can also report the employer to the area labour officer, who records the complaint on Form LD 64.
- Persistent unwelcome sexual advances by a person in authority or a public officer are a crime under the Sexual Offences Act, so they can be reported to the police.
Watch out
- Under the 2014 Rules the policy should also cover an investigation procedure, an appeal process and protection against retaliation.
- The crime carries at least 3 years in prison or a fine of at least KSh 100,000, or both.
- For the crime, it must be shown that saying yes or no was meant to be used for a job or career decision, or for a public service from a public officer.
Who this covers
- Employees harassed by their employer, the employer's representative or a co-worker.
- Employers with 20 or more employees must issue a sexual harassment policy.
- Anyone harassed by a person in authority or a public officer is covered by the criminal offence.
Official sources (4)
- Employment Act (Cap. 226), consolidated new.kenyalaw.org · read 4 Oct 2026
- Employment (General) Rules, 2014 (L.N. 28 of 2014) labour.go.ke · read 2 Oct 2026
- Sexual Offences Act (No. 3 of 2006), section 23 new.kenyalaw.org · read 2 Oct 2026
- Handling of Labour Disputes labour.go.ke · read 2 Oct 2026