Labour Ministry to set up unit to tackle workplace sexual harassment

Chief Justice Martha Koome chats with Labour Cabinet Secretary Dr Aldred Mutua during the annual symposium of the Employment and Labour Relations Court held at The University of Nairobi. [Courtesy]

Labour and Social Protection CS Alfred Mutua has announced a plan to set up a unit dedicated to issues of sexual harassment in the workplace.

Mutua said the unit will provide a platform for victims of sexual harassment who feel their concerns have not been adequately addressed.

Speaking at the University of Nairobi during the annual symposium of the Employment and Labour Relations Court, Mutua said the government through his ministry is committed to ensuring safe and fair workplaces, stating that this unit would play a crucial role in supporting victims and enforcing justice.

The symposium focused on the Role of the Employment and Labour Relations Court in Fostering the Right to a world of work free from violence and harassment.

Sexual harassment in workplaces can be in the form of written or spoken language, visual material of a sexual nature and physical behaviour of a sexual nature.

The Employment Act stipulates that an employer must have a sexual harassment policy, irrespective of the number of employees at the firm.

The Act further states that every employee is entitled to employment that is free of sexual harassment, and the employer shall take steps to ensure that no employee is subjected to such infringements.

In addition to having a sexual harassment policy, the employer must ensure that the policy is implemented.

The Employment Act says the alleged victim has to provide evidence to prove the allegations of sexual harassment.

In 2011, the Kenya Human Rights Commission (KHRC) published a report that stated that sexual harassment was a serious problem in Kenyan workplaces.

Section 6 of the Employment Act says that a worker is sexually harassed if the employer, its representative or a co-worker requests any form of sexual favour to get preferential treatment at the workplace.

The employer can also threaten detrimental treatment or jeopardise the affected employee's future at the organisation.

But while pledging to push for the ratification of the International Labour Organization (ILO) Convention 190, which focuses on the protection of workers against violence and harassment, Mutua said his ministry is dedicated to establishing systems that promote fairness for both employees and employers.

"Employers must provide safe working environments, but conversely, workers must also ensure they are productive. Employees are not slaves to be treated inhumanely, and in the same breath, employers are not aid missionaries," he noted.

Mutua called for fairness and prudence in the decisions rendered by the labour court, highlighting the significant impact of these rulings on economic growth and investor confidence.

He further urged the court to maintain impartiality in all its judgments, advocating for respect in the workplace irrespective of gender, disability, or position.

During the symposium, Mutua joined Chief Justice Martha Koome in launching several key initiatives, including the Conciliation Training of Trainers Manual, the Registry Operations Manual, and the Employment and Relations Court Procedure Rules 2024.

These resources Koome said are aimed at strengthening the court's capacity to handle employment-related disputes and fostering a fairer working environment across the country.