Is a written Sexual Harassment Prevention Policy legally required for all employers in Kenya?

Yes. Section 6 of the Employment Act No. 11 of 2007 imposes a statutory duty on every employer in Kenya to ensure that no employee is subjected to sexual harassment at the workplace. While Section 6 does not use the phrase 'written policy' in so many words, the Employment and Labour Relations Court (ELRC) has consistently held that the employer's duty of care under the Act requires the existence of a formal, communicated, and implemented policy. A written policy is the primary means by which an employer demonstrates compliance with Section 6 and discharges the duty to create awareness of the prohibition and the consequences of breach. Labour Officers appointed under Section 87 of the Employment Act expect employers to produce a written policy during workplace inspections. There is no minimum workforce threshold — the duty applies to every employer, including those with a single employee.

What is the difference between quid pro quo and hostile environment sexual harassment under Kenyan law?

Kenyan employment law, following Section 6(1) of the Employment Act No. 11 of 2007 and the case law of the Employment and Labour Relations Court (ELRC), recognises two main forms of sexual harassment. Quid pro quo harassment occurs where a person in authority conditions an employment benefit — such as promotion, pay increase, favourable shift assignment, or continued employment — on the employee's submission to sexual conduct or requests. The conditioning need not be explicit; an implied threat or promise is sufficient. Hostile environment harassment occurs where unwanted conduct of a sexual nature — even without any employment consequence — creates an intimidating, hostile, degrading, humiliating, or offensive working environment. The ELRC has held that a single serious incident can constitute hostile environment harassment, and that repeated low-level conduct that the employer knew or should have known about can also give rise to liability if not addressed. Both forms are covered by Section 6 and attract the same employer liability for failure to prevent or address.

What are the employer's liabilities if it fails to prevent sexual harassment in Kenya?

An employer in Kenya that fails to prevent or adequately respond to sexual harassment may face multiple streams of liability. First, the Employment and Labour Relations Court (ELRC) may award compensation to the victim for unfair labour practice under Section 6 of the Employment Act No. 11 of 2007, including compensation for loss of earnings, general damages for distress and humiliation, and reinstatement where the victim was dismissed or resigned as a result of the harassment. The ELRC has awarded compensation exceeding KES 500,000 in serious cases. Second, where the harassment causes psychological injury, the Work Injury Benefits Act No. 13 of 2007 (WIBA) may apply, and the employer's WIBA insurer may be required to compensate the injured employee. Third, the National Gender and Equality Commission (NGEC) may investigate the employer and publish findings of discrimination under the National Gender and Equality Commission Act No. 15 of 2011. Fourth, the employer may face reputational and regulatory consequences, particularly in regulated sectors supervised by the Central Bank of Kenya (CBK), the Insurance Regulatory Authority (IRA), or the Capital Markets Authority (CMA).

Can a complaint of sexual harassment in Kenya be made anonymously?

There is no express statutory requirement under the Employment Act No. 11 of 2007 for employers to maintain anonymous reporting channels, but the National Gender and Equality Commission (NGEC) guidelines and best practice in Kenya recommend that employers offer multiple reporting options, including anonymous channels such as a dedicated email address, suggestion box, or third-party reporting hotline. An anonymous complaint creates challenges for the investigation, since the respondent must be informed of the allegations against them and given an opportunity to respond under the rules of natural justice applied by the Employment and Labour Relations Court. In practice, a well-designed policy should allow anonymous initial reports to trigger a preliminary inquiry, after which the complainant may be approached confidentially to provide further information. The policy should make clear that the employer will take all reasonable steps to investigate even where the complainant cannot be identified, and that the protection against retaliation extends to anyone who provides information during the investigation.

How does the policy interact with criminal law on sexual offences in Kenya?

A Sexual Harassment Prevention Policy in Kenya operates in parallel with — and does not replace — the criminal law. The Sexual Offences Act No. 3 of 2006, administered by the Director of Public Prosecutions (DPP) and investigated by the Directorate of Criminal Investigations (DCI), criminalises a range of sexual acts committed without consent, including sexual assault, indecent assault, and sexual harassment as defined in Section 23 of the Sexual Offences Act. A workplace complaint may simultaneously constitute a disciplinary matter under the employer's policy and a criminal offence under the Sexual Offences Act. The employer's investigation under the policy does not need to await the outcome of criminal proceedings, and disciplinary action may be taken on the civil standard of proof (balance of probabilities) even where a criminal prosecution has not been initiated or has resulted in an acquittal. The employer's policy should include a provision requiring the employer to refer incidents that may constitute criminal offences to the DCI and to support any police investigation, while maintaining confidentiality of the internal investigation to the extent possible.

Must the Sexual Harassment Prevention Policy be translated into Kiswahili for Kenyan employees?

The Employment Act No. 11 of 2007 requires that the contents of an employment contract be explained to an employee in a language the employee understands before the contract is signed (Section 9(3)). The same principle of comprehension applies to workplace policies that form part of the employment relationship, including a Sexual Harassment Prevention Policy. While the Act does not expressly require Kiswahili translation of HR policies, employers with employees who are not proficient in English must take reasonable steps to ensure the policy is communicated in a language accessible to those employees. In practice, this means employers with a predominantly Kiswahili-speaking workforce should provide the policy in Kiswahili, or at minimum provide an oral explanation of its key provisions in Kiswahili during induction and training sessions. The Employment and Labour Relations Court has taken a dim view of employers who rely on a policy that employees could not reasonably have understood, particularly where this is advanced as a defence in harassment proceedings.

What protection does Kenyan law give to a person who reports sexual harassment in good faith?

The Employment Act No. 11 of 2007 provides strong protection against retaliation for an employee who reports sexual harassment in good faith. Section 45(2)(g) of the Act lists subjecting an employee to sexual harassment, or victimising them for making a complaint or participating in proceedings related to sexual harassment, as a ground constituting unfair termination. Where an employee is dismissed, demoted, transferred, denied promotion, or otherwise penalised as a result of making a complaint, the employer faces an unfair termination claim before the Employment and Labour Relations Court and may be ordered to reinstate the employee or pay compensation. The policy should expressly state that retaliation in any form — whether by the respondent, colleagues, or supervisors — is itself a disciplinary offence attracting serious sanction. The NGEC's guidelines extend protection to witnesses and persons who provide information during investigations. False or malicious complaints made in bad faith are not protected and may themselves constitute a disciplinary offence, but the threshold for 'bad faith' is high — an honest complaint that proves unfounded is not treated as malicious.

Sexual Harassment Prevention Policy (Kenya)

Policy Header

SEXUAL HARASSMENT PREVENTION POLICY [Employer Name] [Employer Address] BRS Registration Number: [BRS Number] Date of Issue: [Policy Date]

1. Policy Statement

1.1 [Employer Name] (the 'Employer') is committed to maintaining a workplace free from sexual harassment. This policy applies to all employees, contractors, volunteers, interns, directors, clients, customers, and any other persons attending the workplace or participating in work-related activities. 1.2 Sexual harassment is prohibited at all work locations, during work-related travel, at company-sponsored events, and in all digital communications conducted via company platforms including email, WhatsApp, and other messaging services. 1.3 This policy is issued in compliance with Section 6 of the Employment Act No. 11 of 2007, Article 27 of the Constitution of Kenya 2010 (equality and freedom from discrimination), and Article 28 (protection of human dignity). [Employer Name] will take all reasonable steps to prevent sexual harassment and to respond effectively to any complaint that is raised.

2. Definition of Sexual Harassment

2.1 Sexual harassment means any unwanted conduct of a sexual nature that: (a) violates the dignity of a person; (b) creates an intimidating, hostile, degrading, humiliating, or offensive environment; (c) conditions an employment benefit (promotion, pay increase, continued employment, or any other advantage) on the employee's submission to such conduct ('quid pro quo harassment'); or (d) constitutes a course of conduct that a reasonable person would find unwelcome. 2.2 Sexual harassment includes, without limitation: (a) unwanted physical contact of a sexual nature, including touching, patting, pinching, or brushing against another person; (b) verbal conduct including sexual jokes, sexually explicit comments, unwanted sexual advances, propositions, or requests for sexual favours; (c) non-verbal conduct including displaying sexually explicit material, making sexually suggestive gestures, or sending sexually explicit content via electronic means; (d) written or electronic communications of a sexual nature via email, SMS, WhatsApp, social media, or any other medium; (e) victimisation of a person who has rejected sexual advances or raised a complaint of sexual harassment. 2.3 Sexual harassment does not require repeated incidents — a single serious incident is sufficient to constitute harassment under this policy and under Section 6 of the Employment Act No. 11 of 2007.

3. Scope and Application

3.1 This policy applies to the following persons: (a) all permanent, contract, casual, and part-time employees of [Employer Name]; (b) directors and officers of [Employer Name]; (c) consultants, contractors, and agency workers engaged by [Employer Name]; (d) volunteers, interns, and apprentices; (e) clients, customers, suppliers, and visitors who interact with employees of [Employer Name]. 3.2 This policy applies to conduct occurring: (a) at [Employer Name]'s premises, including the workplace at [Employer Address]; (b) at any other location where work is performed on behalf of [Employer Name]; (c) during work-related travel, site visits, client meetings, and conferences; (d) at employer-sponsored social events or functions; (e) in electronic communications relating to work, including communications outside working hours. 3.3 [Employer Name] employs approximately [Number Of Employees] employees in the [Industry Type] sector.

4. Designated Harassment Contact Person

4.1 [Employer Name] designates the following persons to receive, handle, and coordinate the response to sexual harassment complaints in a confidential and impartial manner: Primary Harassment Contact Person: Name: [Contact Person Name] Title: [Contact Person Title] Email: [Contact Person Email] Phone: [Contact Person Phone] Alternate Harassment Contact Person: Name: [Alternate Contact Name] Title: [Alternate Contact Title] 4.2 Any employee who is uncomfortable reporting to the Primary Contact Person may report to the Alternate Contact Person or directly to the Chief Executive Officer, [CEO Name]. 4.3 The Contact Person is trained to receive complaints sensitively, to explain the complaint procedure, and to maintain strict confidentiality at all stages.

5. Reporting a Complaint

5.1 Any employee who experiences or witnesses sexual harassment may report the matter to the Harassment Contact Person by any of the following means: (a) in writing, addressed to the Contact Person; (b) orally, by meeting with the Contact Person in person; (c) by email to [Contact Person Email]. 5.2 A complainant should, wherever possible, lodge a formal complaint within [Complaint Deadline Days] working days of the incident giving rise to the complaint. [Employer Name] recognises that there may be good reasons for delay and will not automatically dismiss complaints made after this period. 5.3 Anonymous complaints may be made where the complainant cannot be identified. [Employer Name] will take all reasonable steps to investigate an anonymous complaint, though the investigation may be limited where the identity of the complainant cannot be established. 5.4 Third parties (clients, contractors, visitors) who experience sexual harassment by an employee of [Employer Name] may also report the matter to the Harassment Contact Person.

6. Investigation Procedure

6.1 Upon receipt of a complaint, the Harassment Contact Person will: (a) acknowledge receipt of the complaint within 3 working days; (b) conduct a preliminary assessment to determine whether the complaint falls within the scope of this policy; (c) notify the respondent of the complaint and the allegations against them in sufficient detail to enable them to respond, consistent with the rules of natural justice. 6.2 A neutral investigator or investigation panel will be appointed by [CEO Name] or the board of directors. The investigator or panel must have no prior involvement in or personal interest in the subject matter of the complaint. 6.3 The investigation will be completed within [Investigation Period Days] working days of the appointment of the investigator or panel. Both the complainant and the respondent will have the opportunity to: (a) present their account of events; (b) provide documentary evidence and witness details; (c) respond to the other party's account. 6.4 The investigation will be conducted on the balance of probabilities standard. The investigation report will set out findings of fact and a recommendation on whether the complaint is substantiated. 6.5 All investigation records will be kept strictly confidential and stored securely by the Harassment Contact Person.

7. Disciplinary Action and Sanctions

7.1 Where a complaint of sexual harassment is substantiated following investigation, [Employer Name] will apply disciplinary sanctions through the [Disciplinary Policy] in accordance with Section 41 of the Employment Act No. 11 of 2007 (right to a fair hearing before disciplinary action). 7.2 The range of disciplinary sanctions for proven sexual harassment includes: (a) formal written warning (for less serious first-time incidents); (b) suspension without pay; (c) demotion or transfer; (d) summary dismissal without notice (for serious harassment, repeated harassment, or harassment by a person in a position of authority). 7.3 Summary dismissal for sexual harassment constitutes termination for valid reason under Section 44 of the Employment Act No. 11 of 2007 and is not unfair termination. 7.4 Where the respondent is a client, contractor, or third party, [Employer Name] will take appropriate measures including terminating the business relationship, removing access to the workplace, and referring the matter to law enforcement where appropriate.

8. Confidentiality and Non-Retaliation

8.1 All complaints, investigations, and outcomes under this policy will be treated with the highest degree of confidentiality. Information about a complaint will be disclosed only to persons who need to know for the purpose of the investigation and any subsequent disciplinary proceedings. 8.2 Retaliation against a complainant, witness, or any person who participates in an investigation under this policy is strictly prohibited. Retaliation includes dismissal, demotion, transfer, denial of promotion, exclusion from meetings, or any other adverse treatment connected with the making of a complaint or participation in proceedings. 8.3 Retaliation is itself a serious disciplinary offence attracting sanctions up to and including summary dismissal. Section 45(2)(g) of the Employment Act No. 11 of 2007 treats subjecting an employee to sexual harassment or victimising them for raising a complaint as a ground constituting unfair termination. 8.4 A complaint that proves unfounded following investigation, but was made in good faith, will not be treated as misconduct. However, a deliberately false or malicious complaint made in bad faith is a disciplinary offence.

9. External Remedies

9.1 This policy does not limit the right of any person to pursue external remedies, including: (a) lodging a complaint with the Employment and Labour Relations Court (ELRC) under Section 6 of the Employment Act No. 11 of 2007; (b) lodging a complaint with the National Gender and Equality Commission (NGEC) under the National Gender and Equality Commission Act No. 15 of 2011; (c) reporting conduct that may constitute a criminal offence to the Directorate of Criminal Investigations (DCI) under the Sexual Offences Act No. 3 of 2006. 9.2 [Employer Name] will support and cooperate with any investigation by the ELRC, NGEC, or law enforcement authorities.

10. Training and Policy Review

10.1 [Employer Name] will provide mandatory training on this policy to all employees as part of induction and at intervals not exceeding [Review Period Years] years thereafter. Training records will be maintained. 10.2 This policy will be reviewed by [CEO Name] or the board of directors at least every [Review Period Years] years, or following any significant complaint or change in relevant legislation. 10.3 All employees will be provided with a copy of this policy (or access to it) upon commencement of employment and upon each revision. SIGNED on behalf of [Employer Name]: Name: [CEO Name] Title: Chief Executive Officer / Managing Director Date: [Policy Date]

Chief Executive Officer / Managing Director

________________

Signature

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What Is a Sexual Harassment Prevention Policy (Kenya)?

A Sexual Harassment Prevention Policy in Kenya establishes the obligations and procedures governing the conduct it regulates.

The Constitutional foundation for a Sexual Harassment Prevention Policy in Kenya is found in Article 27 of the Constitution of Kenya 2010, which guarantees equality and freedom from discrimination on the basis of sex. Article 28 of the Constitution guarantees every person inherent dignity and the right to have that dignity respected and protected. Together, Articles 27 and 28 impose a constitutional obligation on all employers — whether public or private — to maintain workplaces free from conduct that degrades, humiliates, or discriminates against employees on the basis of gender or sexuality.

The National Gender and Equality Commission (NGEC), established under the National Gender and Equality Commission Act No. 15 of 2011, has a mandate to promote gender equality in Kenya including in workplaces. The NGEC, headquartered in Nairobi, receives complaints of workplace gender discrimination and harassment, undertakes investigations, and publishes guidelines for employers. Compliance with NGEC guidelines is increasingly expected by the Employment and Labour Relations Court as evidence of good faith by employers responding to harassment claims.

The Kenyan judiciary has developed a substantial body of case law on workplace sexual harassment through the Employment and Labour Relations Court (ELRC), which sits in Nairobi, Mombasa, Kisumu, Nakuru, and other centres. ELRC decisions — such as those applying Section 6 of the Employment Act to both quid pro quo harassment (where job benefits are conditional on sexual favours) and hostile environment harassment (where unwanted conduct creates an intimidating workplace atmosphere) — have confirmed that a written policy alone is insufficient without effective implementation, training, and responsive complaint handling.

The Occupational Safety and Health Act No. 15 of 2007 (OSHA) and the Work Injury Benefits Act No. 13 of 2007 (WIBA), both administered by the Directorate of Occupational Safety and Health Services (DOSHS), are also relevant where psychological harm caused by sexual harassment results in a workplace injury. Employers who fail to prevent or address sexual harassment may face liability under WIBA for psychological injury claims, in addition to ELRC claims under the Employment Act.

A Sexual Harassment Prevention Policy for Kenya must go beyond a generic statement. It must name responsible officers — typically a designated Harassment Contact Person or a trained panel — and articulate a fair, time-bound investigation procedure. At forms-legal.com, this template is designed to meet the specific requirements of Kenyan employment law, including the Employment Act No. 11 of 2007, the National Gender and Equality Commission Act 2011, and constitutional equality standards, enabling Kenyan employers across all sectors and counties to adopt a legally strong policy without engaging specialist employment law counsel for initial drafting.

When Do You Need a Sexual Harassment Prevention Policy (Kenya)?

A Sexual Harassment Prevention Policy in Kenya is legally required under Section 6 of the Employment Act No. 11 of 2007 for every employer operating in Kenya, regardless of the size of the workforce or the sector of operation. There is no exemption based on number of employees — the statutory duty applies equally to small businesses, county governments, NGOs, multinationals, and domestic households employing workers under the Act.

A Sexual Harassment Prevention Policy is needed when establishing a new business in Kenya and hiring employees. The Employment Act No. 11 of 2007 requires employers to maintain a safe and respectful workplace from the commencement of employment relationships, and the policy should be included in the employee onboarding documentation alongside the employment contract.

A Sexual Harassment Prevention Policy is needed when an existing business in Kenya has not yet adopted a formal policy or is relying on an outdated document that predates the 2007 Employment Act reforms. Courts and labour officers increasingly expect employers to produce a current, written policy when defending harassment claims before the Employment and Labour Relations Court.

A Sexual Harassment Prevention Policy is needed when a company renews or updates its employee handbook, code of conduct, or HR procedures manual. The policy should be integrated into the handbook and cross-referenced with the grievance procedure and disciplinary policy to confirm a consistent and compliant HR framework.

A Sexual Harassment Prevention Policy is needed when a complaint of sexual harassment has been raised informally and the employer is responding. A written policy establishes the legitimate procedure for handling the complaint, protects the employer against claims of procedural unfairness before the ELRC, and demonstrates the employer's good faith compliance with Section 6 of the Employment Act.

A Sexual Harassment Prevention Policy is needed when a company is responding to a labour inspection by a Labour Officer appointed under Section 87 of the Employment Act. Labour Officers have power to inspect workplaces and require employers to produce evidence of compliance with all duties under the Act, including the anti-harassment duty. A written, implemented policy is the primary evidence of compliance.

What to Include in Your Sexual Harassment Prevention Policy (Kenya)

A Sexual Harassment Prevention Policy in Kenya compliant with the Employment Act No. 11 of 2007 and the Constitution of Kenya 2010 must include the following essential elements.

Policy Statement and Purpose: A clear statement of the employer's commitment to maintaining a workplace free from sexual harassment, grounded in Section 6 of the Employment Act No. 11 of 2007 and Article 27 of the Constitution of Kenya 2010. The statement should identify the employer by full legal name and Business Registration Service (BRS) number, and confirm that the policy applies to all employees, contractors, visitors, and third parties at the workplace.

Definition of Sexual Harassment: A definition aligned with Section 6(1) of the Employment Act No. 11 of 2007, covering both quid pro quo harassment (conditioning employment benefits on sexual favours) and hostile environment harassment (unwanted conduct of a sexual nature that creates an intimidating, hostile, degrading, humiliating, or offensive environment). The definition should include non-exhaustive examples such as unwanted physical contact, verbal comments, sexual jokes, display of sexually explicit material, and unwanted advances communicated via electronic means including WhatsApp and email.

Scope and Application: Confirmation that the policy applies at all work locations, during work-related travel, at company-sponsored events, and in digital communications conducted via company platforms. The policy should apply to conduct by and directed at directors, managers, employees, volunteers, interns, clients, customers, and contractors.

Designated Contact Person and Reporting Mechanism: The name and contact details of the designated Harassment Contact Person (or the title of the post), the procedure for making a complaint — whether orally, in writing, or via an anonymous reporting channel — and the time limit for lodging a formal complaint. The National Gender and Equality Commission (NGEC) recommends that employers designate a senior officer of the same or opposite gender as a contact person, and consider external reporting options where the perpetrator is in management.

Confidentiality and Non-Retaliation: An express statement that complaints will be treated with strict confidentiality to the extent possible, that retaliation against a complainant is itself a disciplinary offence, and that the employer will protect complainants from victimisation. Section 45(2)(g) of the Employment Act treats subjecting an employee to sexual harassment, or victimising them for raising a complaint, as unfair termination grounds.

Investigation Procedure: A time-bound procedure for investigating complaints, including the appointment of a neutral investigator or panel, the right of both the complainant and respondent to present their case and respond to allegations, timelines for completing the investigation (recommended: 30 working days under Kenyan practice), and the standard of proof to be applied. The procedure should comply with the rules of natural justice as applied by the Employment and Labour Relations Court.

Disciplinary Outcomes and Sanctions: A schedule of disciplinary outcomes for proven sexual harassment, ranging from formal warning for less serious first-time incidents to summary dismissal for serious or repeated harassment. Disciplinary outcomes must be applied consistently with the employer's disciplinary procedure and Section 41 of the Employment Act (requirement for fair hearing before termination).

Review and Training: A commitment to reviewing the policy periodically (recommended: every 2 years or after any significant complaint), conducting mandatory training for all employees on the policy provisions, and maintaining records of training attendance. The ELRC has noted in multiple decisions that employers who conduct training are better placed to defend vicarious liability claims.

Forms-legal.com provides this Kenya Sexual Harassment Prevention Policy template to enable employers across all sectors and counties to establish a compliant, effective anti-harassment framework as required by the Employment Act No. 11 of 2007. Legal advice from an advocate admitted to the Roll of Advocates maintained by the Law Society of Kenya (LSK) is recommended for complex investigations or ELRC proceedings.

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@misc{formslegal-sexual-harassment-policy-kenya,
  author       = {{Forms Legal}},
  title        = {Sexual Harassment Prevention Policy (Kenya) (Kenya)},
  year         = {2026},
  howpublished = {\url{https://forms-legal.com/kenya/employment/hr-forms/sexual-harassment-policy-kenya}},
  note         = {Free legal document template}
}

Frequently Asked Questions

Statute-referenced template — Template last modified June 2026

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