Sexual harassment 101: What counts, where it happens, and how to stop it
The Employment Act 2007 requires all organisations that employ more than 20 staff to have a Sexual Harassment Policy.
What you need to know:
- A female lawyer sacked from Kituo Cha Sheria for allegedly harassing a colleague with nicknames was awarded Sh1.5 million after court found her dismissal unfair.
- The case reignites debate on what legally constitutes sexual harassment, with the UN and workplace manuals offering broad definitions covering verbal, non-verbal, and physical conduct.
A birthday cake inscribed with the nickname "baby boy" became central evidence in a sexual harassment case that would cost a Nairobi civil society organisation Sh1.5 million. Early this year, the Labour Relations Court ruled that Kituo Cha Sheria-Legal Advice Centre had unfairly dismissed a female lawyer for repeatedly calling her junior colleague "baby boy" and occasionally "lollipop."
Justice Byram Ongaya found the dismissal disproportionate, noting that the man—referred to in court documents as Mr SR to protect his identity—had never complained during more than a year of being called these names. His colleagues had even inscribed "baby boy" on his birthday cake without any protest from him.
Yet the woman, identified only as Ms VA, lost her job in November 2022 after the employee filed a sexual harassment complaint. The case raises a fundamental question: what exactly constitutes sexual harassment, and where is the line drawn?
What counts as sexual harassment?
The United Nations defines sexual harassment as unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature. The key word is "unwelcome"—conduct is considered harassment whenever the person subjected to it finds it unwelcome, regardless of how others might perceive it.
According to the Preventing Sexual Harassment manual by BNA Communications, harassment ranges from severe acts like attempted rape and sexual assault to behaviours many dismiss as harmless: unwanted touching, leaning over, cornering, or sexual looks and gestures. It includes unwanted pressure for dates, sexual teasing, jokes, or questions.
Even seemingly innocent interactions can cross the line. Referring to an adult as "girl," "hunk," "doll," "babe," or "honey," whistling, making sexual comments about someone's body or clothing, asking about sexual fantasies, or turning work discussions to sexual topics all constitute harassment.
Verbal, non-verbal, and physical
The manual breaks harassment into three categories. Verbal harassment includes sexual comments, jokes, stories, repeatedly asking out someone who's not interested, and spreading rumours about a person's sex life. Non-verbal harassment encompasses staring, blocking someone's path, following them, sexually suggestive visuals or gestures, winking, or throwing kisses. Physical harassment involves unsolicited massages, touching clothing, hair, or body, hugging or kissing without consent, and standing too close.
How common is it?
Sexual harassment is pervasive. A Stop Street Harassment survey found that 81 percent of women and 43 percent of men reported experiencing some form of sexual harassment or assault in their lifetime.
For women, the top three locations were public spaces (66 per cent), the workplace (38 per cent), and at home (35 per cent). Men reported harassment most frequently in public spaces (19 per cent), at school (14 per cent), and equally at work, home, and by phone or text (13 per cent each).
Protecting yourself
Lawless, Lawless & McGrath, an organisation championing workers' rights, offers practical strategies for employees.
Review your company's sexual harassment policy and reporting procedures. Define clear personal boundaries and communicate them assertively. Speak up when inappropriate behavior occurs and address it directly.
Document every incident—dates, times, locations, and details. This provides valuable evidence for formal reports. Use your company's reporting channels, documenting concerns with both your supervisor and human resources.
Seek support from trusted colleagues if comfortable. Discussing experiences can help you navigate the situation and may encourage others to speak up. If initial attempts prove ineffective, follow escalation procedures or seek guidance from higher management.
Beyond the workplace
Personal safety extends beyond office walls. Plan safe, well-lit routes when walking and remain aware of your surroundings. Select dates cautiously, meet in public places, use alcohol sparingly, and never leave events with strangers.
Women, who are particularly vulnerable to sexual assault, should walk only in well-lit areas, never hitchhike, and keep car keys ready when approaching vehicles. Keep car windows up and doors locked, check the back seat before entering, and park in well-lit areas.
At home, lock doors immediately upon entering and verify who's there before opening. Never give your address or phone number to strangers and stay alert for suspicious people around you.
