Sexual harassment in the Kenyan workplace: an analysis of judicial reasoning in dismissing sexual harassment claims

Abstract

Sexual harassment in the workplace has proven to be a prevalent challenge in Kenya. This study analyses this with a particular focus on the judicial reasoning in dismissing sexual harassment claims when victims do not immediately report the incident. The hypothesis proposes that courts in Kenya have erred in dismissing claims of sexual harassment due to delay in reporting because they fail to consider the realities that the victims go through. Results drawn from case law and scholarly articles reveal that the system is failing victims who develop the courage to come forward only for their claims to be discarded. The study also reveals that as a result of dismissing sexual harassment claims, the victims of sexual harassment lose faith in the legal justice system and this perpetuates a culture of silence. The study concludes by proposing possible recommendations on how judges can best handle such claims. One major recommendation is adapting a human rights-based approach which will ensure that judges put into consideration the realities that victims go through and that victims will access justice.