Employers have an obligation to issue a policy statement on sexual harassment.

Section 6 of the Employment Act provides that an employer who employs more than twenty employees shall issue a policy statement on sexual harassment. The policy statement among other things should contain terms the employer deem fit to prevent sexual harassment at the work place. J W N v Securex Agencies (K) Limited [2018] eKLR
The Court considered section 6(2) of the Employment Act which imposed upon the respondent the duty, after consulting the employees or their representatives, to issue a policy statement on sexual harassment. Under section 6(3) such policy statement was to provide for definition of sexual harassment as provided for in the Act; employee entitlement to employment free from sexual harassment; steps taken to prevent sexual harassment; explain how to make or report to the employer complaints of sexual harassment; and non-disclosure of the complainant except for purposes of disciplinary process or investigating complaints. In the instant case, the Court has found that the claimant was the victim of sexual harassment by reason of the supervisor’s utterances at the parade. The Court further finds that it was not shown that the respondent had issued a policy statement on sexual harassment and made it known to all employees as envisaged in section 6 (4) of the Act. Thus the respondent by that omission and by the supervisor’s utterances seriously exposed the claimant to sexual harassment and her human dignity as protected in Article 28 was injured. http://kenyalaw.org/caselaw/cases/view/153700/

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