By Purity Ngigi – Sundays

The Employment Act provides that every employer with twenty employees and above must have a sexual harassment policy. Employers who meet this threshold must ensure that a sexual harassment policy is drafted and issued to employees.

A sexual harassment policy must define what amounts to sexual harassment and must incorporate the law’s meaning. The policy applies to the employer, the employer’s representative and all employee’s alike. The policy must provide a mechanism for reporting and handling complaints of sexual harassment in a way that guarantee’s the complainant’s protection and privacy.  

If an employer with over twenty employees fails to ensure that this policy is in place, the employer is guilty of an offence and may be liable to pay a fine of Kshs 50,000 or to imprisonment for three months or both. 

If you need assistance in drafting, sensitising and implementing a sexual harassment policy in your company, please reach out to us for assistance.