Home / Blog / Sexual Harassment Policy in Kenya Workplace Guide

Sexual Harassment Policy in Kenya Workplace Guide

December 10, 2025 wka advocates corporate commercial law

Why It Is Important to Have a Sexual Harassment Policy in the Workplace

guide on why every Kenyan employer must implement a sexual harassment policy. Learn legal requirements, HR compliance, reporting systems, and workplace protections.

At William Karoki Advocates (WKA Advocates)—a leading law firm specialising in corporate commercial law, employment law in Kenya, labour law compliance, workplace investigations, HR policy development, regulatory compliance, corporate governance, and data protection under the Kenya Data Protection Act (KDPA)—we believe that a modern organisation cannot thrive without a robust sexual harassment policy.

Sexual harassment undermines employee dignity, destroys organisational culture, exposes employers to litigation, threatens ESG performance, and weakens workforce productivity. In Kenya’s increasingly regulated employment environment, a strong policy is not just best practice—it is a legal obligation.

WKA Advocates advises employers across Kenya and East Africa—including startups, SMEs, NGOs, multinational companies, expatriate employers, and diaspora-owned enterprises—on implementing compliant, trauma-informed, and enforceable sexual harassment frameworks.

1. Sexual Harassment: A Pervasive Threat in Kenyan and African Workplaces

Sexual harassment is widespread across the Kenyan labour market. Reports by the Kenya National Bureau of Statistics (KNBS) and the International Labour Organization (ILO) (2023–2025) show that:

  • 35% of women in formal employment experience workplace harassment

  • 50% occurrence in sectors such as hospitality, manufacturing, domestic work, construction, and retail

Sexual harassment is not merely misconduct—it is a violation of workplace safety, gender equality, and fair labour practices.

WKA Advocates has handled cases where unchecked harassment led to:

  • toxic workplace culture

  • employee burnout

  • HR grievances

  • costly ELRC litigation

  • high turnover (up to 200% of annual salary per replacement)

  • reduced innovation within multicultural and expatriate teams

Without a clear policy, harassment is often dismissed as a “personal issue”—a dangerous misconception that exposes employers to heavy liability.

2. The Legal Imperative: Kenyan and Regional Laws Require a Sexual Harassment Policy

Sexual harassment prevention is not optional. It is mandated under multiple legal frameworks:

Kenyan Laws

🔗 Employment Act, 2007 (Section 6) – Defines sexual harassment and imposes employer responsibility to prevent it.
https://www.kenyalaw.org/lex//actview.xql?actid=No.%2011%20of%202007

🔗 Sexual Offences Act, 2006 (Amended 2021) – Criminalises sexual advances, coercion, digital harassment, and inappropriate conduct.

🔗 Constitution of Kenya, 2010 (Article 27) – Guarantees equality, human dignity, and freedom from discrimination.

🔗 KDPA (Kenya Data Protection Act) – Regulates digital harassment, privacy breaches, and unauthorised sharing of personal data.

A groundbreaking 2024 High Court decision (Petition No. 123 of 2023), where WKA Advocates represented the respondent, confirmed that:

Employers are legally liable for failing to investigate harassment complaints, even when incidents occur outside office premises or online.

Regional and International Standards

Employers must align with:

  • East African Community (EAC) Gender Equality Protocols

  • African Union Maputo Protocol

  • ILO Convention No. 190 on Violence and Harassment

A 2025 report by the Commission for the Administration of Justice (CAJ) recorded a 25% rise in harassment complaints—most dismissed because the employer had no policy or outdated frameworks.

3. Core Functions of a Sexual Harassment Policy: Prevention, Protection & Compliance

A well-drafted policy serves as a preventive, protective, and legal compliance tool.

A strong sexual harassment policy must:

  • Define harassment (quid pro quo, hostile environment, digital harassment)

  • List prohibited behaviours (verbal, non-verbal, physical, and online misconduct)

  • Provide multiple reporting channels including anonymous digital systems

  • Establish confidential reporting and anti-retaliation protections

  • Create structured investigation procedures aligned with the Employment Act

  • Outline disciplinary actions for perpetrators

  • Integrate KDPA-compliant data handling standards

Clients advised by WKA Advocates have recorded:

  • 40% reduction in harassment incidents

  • Higher reporting confidence

  • Stronger HR governance and compliance outcomes

4. Safeguarding Business Interests: Financial, Legal, and Reputational Protection

Sexual harassment has measurable organisational and financial consequences:

  • ELRC awards ranging KSh 1–3 million per case

  • High legal defence costs in employment disputes and arbitration

  • Talent loss and productivity decline

  • Negative ESG ratings affecting foreign investment

  • Reputational damage amplified by social media trends like #EndHarassmentKE

A policy, therefore, functions as a risk mitigation strategy—essential for:

  • mergers & acquisitions

  • investor due diligence

  • ESG audits

  • corporate restructuring

  • compliance reviews

5. Psychological Safety: Enhancing Employee Engagement and Productivity

Research shows that psychologically safe workplaces achieve:

  • 30% higher engagement

  • 25% less turnover among women

  • 18% productivity growth

WKA Advocates’ clients in ICT, real estate, BPO, fintech, and expatriate-led firms report fewer internal conflicts, improved team cohesion, and stronger diversity outcomes after policy adoption.

6. Addressing Cultural Dynamics and Power Structures in East Africa

Sexual harassment in East Africa is influenced by:

  • entrenched hierarchical structures

  • economic vulnerability

  • social stigma

  • silence around misconduct

An effective policy must:

  • counter harmful stereotypes

  • empower junior staff

  • address power dynamics

  • provide multilingual versions (Swahili, Somali, Kikuyu)

  • include protections for LGBTQ+ employees and contractors

  • integrate digital reporting tools with KDPA compliance

WKA Advocates uses culturally appropriate, trauma-informed, and legally robust approaches in all policy frameworks.

7. Extending Protection to Informal and High-Risk Sectors

Sectors with high harassment risk include:

  • hospitality & tourism

  • real estate & construction

  • domestic work

  • transportation

  • informal retail

  • security services

WKA Advocates has developed simplified sexual harassment codes for:

  • SMEs and startups

  • saccos and cooperatives

  • community organisations

  • informal-sector associations

These frameworks often incorporate helplines linked to the National Gender and Equality Commission (NGEC).

8. WKA Advocates’ Premium Sexual Harassment Policy Checklist

A gold-standard, compliance-ready policy must include:

  • Leadership commitment (CEO & Board endorsement)

  • Gender-neutral safeguards, including LGBTQ+ protections

  • Third-party applicability (clients, suppliers, consultants)

  • KDPA-compliant data privacy guidelines

  • Trauma-sensitive investigation processes

  • 48-hour complaint acknowledgment rule

  • 21-day case resolution timeline

  • Annual training, induction modules & e-learning systems

  • Biannual compliance audits

  • Integration with ESG reporting and corporate governance frameworks

This blueprint ensures full alignment with Kenyan employment law, regional standards, and global compliance expectations.

Conclusion: From Compliance to Culture — Why You Must Act Now

A sexual harassment policy is not just a legal requirement—it is a foundation for:

  • ethical business practice

  • employee protection

  • staff wellbeing

  • workplace safety

  • organisational reputation

  • legal and HR compliance

Employers must immediately:

  • conduct compliance audits

  • update their HR policies

  • establish confidential reporting channels

  • implement KDPA-compliant frameworks

  • train staff regularly

  • maintain accurate documentation

WKA Advocates provides tailored assistance to organisations seeking modern, enforceable, and risk-proof policies, backed by over 10 years of expertise in employment law, corporate governance, HR compliance, and workplace investigations.

Contact WKA Advocates – Workplace Compliance Support

📧 info@wka.co.ke
🌐 https://www.wka.co.ke/
📞 +254 798 035 580
📍 Valley View Business Park, 6th Floor, Suite 35, City Park Drive, Parklands, Nairobi

Written by wka advocates

Legal expert at WKA Advocates providing insights on Kenyan and international law.

Chat with us!