How Kenyans Should Navigate Sexual Harassment At Work

The British Broadcasting Corporation (BBC)'s investigative feature which went viral this week revealed shocking claims of widespread sexual abuse affecting tea farms in Kenya and also uncovered a vice that has existed for years.

The feature has since prompted prominent bodies ranging from the United Kingdom (UK) government to the Director of Public Prosecutions (DPP), Noordin Haji, who directed the Police Inspector General (IG) Japhet Koome to launch an investigation into the allegations of sexual exploitation and abuse by supervisors and managers at Unilever and James Finlay & Co tea plantations.

Moreover, Kenyans under the hashtag #SexForWork, coined from the title of the piece, unearthed their narratives on social media regarding how they, or others they know of, have encountered sexual harassment within the workplace and during a job interview process, where one gets a job or even a gig in exchange for sex.

A woman working in an office. /CLASSIC 105

Today's job search process and workplace can be challenging enough without the added stress of dealing with sexual harassment. Unfortunately, many Kenyans seeking jobs as well as those employed don't know how to navigate these situations in a way that protects their well-being and career.

Sexual harassment is a major issue affecting many people in the workplace. It applies to both men and women, though men hardly talk about their woes of being sexually abused in workplaces out of fear of stigmatization.

There are two types of sexual harassment:

• Quid pro quo. In this type of harassment, an employment decision, such as a raise, work assignment, or continued employment, is based on whether you submit to sexual advances.
• Hostile work environment. Sexual comments or conduct can create a hostile work environment if they interfere with your work performance or make your work environment intimidating, hostile, or offensive. Hostile work environments usually involve an ongoing pattern of behaviour, not just a single incident.

Sexual harassment doesn't have to involve sexual behaviour. It can also consist of inappropriate jokes and comments or displays of sexually explicit materials.

It also does not have to involve a supervisor as it can be anyone in the office, and the harasser doesn't have to be someone of the opposite sex.

Other types of harassment include:

1. Verbal Harassment, characterized by verbal communication that is unwelcome and offensive and examples include making sexual comments, telling dirty jokes, and asking personal questions about one's sexuality. It can be subtle or overt, and it often leads to a hostile work environment.
2. Physical harassment, which involves unwelcome touching, hugging, or kissing and can also involve unwanted sexual advances, such as asking for sexual favours in exchange for a job or promotion. Physical harassment can be traumatizing, and it often leads to a loss of confidence and self-esteem.
3. Non-verbal harassment which involves non-verbal communication, such as leering or staring, making sexual gestures, or sending sexually suggestive messages. Non-verbal harassment can be more difficult to prove, but it can be equally traumatizing to the victim.
4. Cyber harassment, which has become more prevalent in the age of globalization and social media and includes sending sexually explicit messages, posting inappropriate content, and sharing intimate pictures or videos without consent. Cyber harassment can be particularly damaging because it can be shared widely, leading to public humiliation and embarrassment.

The effects of sexual harassment can be devastating, leading to poor mental health, low productivity, and a feeling of insecurity.

What to do if you have been sexually harassed

If you believe you are a victim of sexual harassment at work, start by reading your company's sexual harassment policy. It should explain how to report harassment and how grievances are handled. 

Before you do anything else, take the time to write detailed notes about what happened. Write down what was said or done, by whom, when, and the names of any witnesses. Print out any offensive emails, texts, or social media communications.

Store this information on your personal devices or at home, not at work. It can also be helpful to talk to coworkers you can trust and you may learn that others have had similar experiences that will help bolster your case.

If you feel comfortable confronting your harasser, tell him or her about the behaviour that is bothering you and ask the person to stop. Use specific examples to get your point across and then make a written note showing you spoke to the harasser, and what the response was.

If the behaviour continues, or if you don't want to confront your harasser, follow the guidelines in your company's sexual harassment policy for reporting it. Explain what has happened and use your detailed notes to help you be clear and specific.

If you report sexual harassment verbally, follow up with a letter or email confirming that you made a report.

Sexual Harassment in Kenyan Law

If your employer doesn't seem to be doing enough, this is where the Kenyan law comes in. Sexual harassment is a serious issue that can impact your job search and career.

In accordance with the declaration of international protection and worker rights, the Constitution of Kenya holds a clause under Article 27, which on the first level prohibits any and all kinds of discrimination in the workplace. It protects every employee working in Kenya from abuse/discrimination from the employer and rights violations.

This section exists in line with the fundamental constitutional right of every Kenyan- every citizen is equal before the law and has the right to equal protection and benefit from the law. Although section 27 doesn’t explicitly mention sexual harassment and punitive measures against such an offence, it forms the basis of workplace rights protection laws.

Section 23(1) of the Sexual Offences Act, No.3 of 2006, defines sexual harassment as “continuous unwelcome sexual advances, request for sexual favours, lewd verbal or physical gestures by someone in authority.”

It goes on to discuss the victim’s response to inappropriate moves will also be used in the legal proceedings later on. If an employee gives into their superior’s perverted demands to save their job, which resultantly creates an uneasy and offending work environment for them, the system will consider it.

Section 6(1) of the Kenyan employment act describes sexual harassment as any instance in which a superior or co-worker asks an employee for a sexual favour, such as having intercourse, signing a sexual contract, or engaging in any sexual activity in return for better growth opportunities or favouritism among other employees. Moreover, the use of improper, suggestive language, written or verbal, is also classified as sexual harassment according to the Kenyan employment act.

Two men stalking a woman at work. /FOTOSEARCH

Sub-clause two of the same section mandates every company with 20 or more employees to make and implement a foolproof punishment plan for perpetrators of sexual harassment. Firms also are to clearly state the definition of sexual harassment as defined by Kenyan law in their bill in order to remove all ambiguities in case of an incident.

The law of Kenya decrees no less than three years of imprisonment or payment of Ksh100,000 or more as a fine for anyone declared a sexual offender. Be it a verbal or physical form of indecent behaviour by a person in authority; the act will be punishable if the alleged perpetrator is proven guilty.