For the first time in Kenya's history, there are provisions of law, in section 6 of the new Employment Act 2008, prohibiting sexual harassment. In section 6(2) of the law, an employer who employs twenty or more employees shall, after consulting with the employees or their representatives, develop a policy on sexual harassment which must include an explicit statement to the effect that every employee is entitled to employment that is free of sexual harassment.
SECTION 6 OF THE EMPLOYMENT ACT 2008 THUS CONTAINS THE FOLLOWING PROVISIONS:
(1) An employee is sexually harassed if the employer of that employee or a representative of that employer or a co-worker:
(a) directly or indirectly requests that employee for sexual intercourse, sexual contact or any other form of sexual activity that contains an implied or express:
(i) promise of preferential treatment in employment;
(ii) threat of detrimental treatment in employment; or
(iii) threat about the present or future employment status of the employee;
(b) uses language whether written or spoken of a sexual nature;
(c) uses visual material of a sexual nature; or
(d) shows physical behavior of a sexual nature which directly or indirectly subjects the employee to behavior that is unwelcome or offensive to that employee and that by its nature has a detrimental effect on that employee's employment, job performance, or job satisfaction.
Source of Information
CEDAW/C/KEN/7, par. 156