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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
Read the law

Steps

  1. Complain to your employer using the complaints procedure in its sexual harassment policy.
  2. You can also report the employer to the area labour officer, who records the complaint on Form LD 64.
  3. 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)
  1. Employment Act (Cap. 226), consolidated new.kenyalaw.org · read 4 Oct 2026
  2. Employment (General) Rules, 2014 (L.N. 28 of 2014) labour.go.ke · read 2 Oct 2026
  3. Sexual Offences Act (No. 3 of 2006), section 23 new.kenyalaw.org · read 2 Oct 2026
  4. Handling of Labour Disputes labour.go.ke · read 2 Oct 2026

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