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Why sexual harassment still thrives in Kenyan workplaces
Those entrusted with sensitive information such as workplace sexual harassment should treat such information with discretion and for the benefit of those in suffering. PHOTO | SHUTTERSTOCK
On Labour Day 2025, Labour Cabinet Secretary Alfred Mutua issued a firm warning: sexual harassment in workplaces would no longer be tolerated.
His remarks reflected a long-standing truth: Kenya has a robust legal framework to address workplace harassment, yet, a year later, the lived reality across sectors tells a more troubling story.
From law firms to hospitals, media houses to farms, factories to agricultural plantations, the persistence of harassment exposes a gap not in legislation, but in enforcement, culture, and leadership accountability.
Kenya’s legal position on sexual harassment is unequivocal. The Constitution guarantees dignity and freedom from discrimination, while the Employment Act places a direct obligation on employers to prevent and address harassment.
The Sexual Offences Act criminalises such conduct, prescribing penalties including imprisonment. On paper, the protections are comprehensive. In practice, however, they often fail to shield those most at risk.
Data underscores the scale of the problem. A study by the Kenya Women Parliamentary Association found that nearly 45 per cent of women in formal employment have experienced workplace sexual harassment.
More recent figures from the Kenya National Bureau of Statistics suggest that only about 10 per cent of victims report these incidents. The silence is not accidental; it is driven by fear, stigma, and a deep mistrust of systems meant to protect victims.
Across industries, the patterns are disturbingly consistent. Recent petitions by female lawyers to the Law Society of Kenya highlight harassment within the legal profession, where power imbalances are pronounced.
Similar accounts have emerged from the health sector, where junior staff navigate hierarchical systems, and from educational institutions where allegations of “grades for sex” continue to surface in media reports.
What explains this persistence? First is the issue of power. Perpetrators are frequently supervisors, senior colleagues, or influential clients – individuals who wield control over careers and livelihoods. This creates a coercive environment where victims weigh the cost of reporting against the risk of retaliation.
Second is the enduring stigma. Cultural attitudes often shift blame to victims, questioning their behaviour rather than confronting the misconduct. This not only discourages reporting but also isolates those who come forward.
Institutional weaknesses further compound the problem. While many organisations have policies on sexual harassment, these are frequently treated as compliance documents rather than active tools for protection.
Internal reporting mechanisms may lack confidentiality, independence, or credibility. Cases that reach law enforcement often stall due to poor evidence handling, insensitive interrogation, or prolonged judicial processes. The result is a cycle of impunity.
Breaking this cycle requires more than policy statements; it demands leadership accountability and systemic change.
For business leaders, the starting point is culture. A workplace that genuinely addresses harassment is one where reporting is safe, processes are trusted, and outcomes are fair.
This means going beyond policy to embed awareness through regular training, establish anonymous reporting channels, and ensure investigations are handled impartially and professionally.
The writer is an HR specialist, executive and leadership coach. [email protected]
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