Expanding the scope of sexual harassment laws in Kenya: a legal scrutiny of the adequacy of the laws dealing with sexual harassment
Thuku, Faith Muthoni
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Sexual harassment IS a violation of human dignity and this paper seeks to analyse the adequacy of sexual harassment laws in Kenya. In doing so, the researcher shall indeed prove that there is a gap in sexual harassment laws in Kenya and illustrate the need for a wider understanding of sexual harassment. Specifically, this paper shall champion for the recognition of various contexts in which sexual harassment can take place, in addition to those that the current legal framework has envisioned. The primary question that drives this research is: What definition and contexts of sexual harassment need to be recognised by the law, in order to provide a legal framework that not only provides recourse for survivors of sexual harassment, but also upholds human dignity and gender equality In order to properly answer the research question, the research shall be conducted using the qualitative research model through desktop research. A comparative study against Australia shall also be conducted in order to contrast the current legal framework in Kenya. It is in doing so that the gaps in the Kenyan law will be realised. Ultimately, the end goal for this research paper is to identify the gaps within the Kenyan law and propose ways in which the identified gaps can be filled thus expanding the current provisions of sexual harassment within the Kenyan law.