Sexual Harassment
Sexual Harassment
Sexual harassment at the workplace is considered a form of discrimination, and it is prohibited by law and is a part of the Penal Code.
The perpetrator may be imprisoned for a term up to five years or liable to a fine up to two hundred thousand shillings or to both, and may also be ordered to pay compensation to the victim as determined by the Court.
Unwelcome sexual advances by words or actions used by a person in authority, in a workplace or any other place, constitutes the offence of sexual harassment. No prosecution for an offence can be instituted or continued where the complaint is made by the alleged victim at any time more than sixty days after the occurrence of the event constituting the offence.
Source: §7 of the Employment and labour Relations Act 2004; §138(D) of the Penal Code 1945
