Will Sexual Harassment Ever Come To An End?

Sexual harassment is one of the very few topics that people shy away at the bare mention, and even though it has been discussed over and over again, it still remains on the rise for both genders.

Office of the Special Adviser to the Secretary-General on Gender Issues and Advancement of Women defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

We have heard or even been victims of sexual harassment, the most common being the quid pro quo, which is a form of sexual harassment where employment decisions are made based on the employee acceptance or rejection of unpleasant sexual behaviors.

For example, the head of a department in an organization firm withdrawing his/her supervisory roles or services to a junior employee, an intern, or an attaché because he/she has refused to get into their “box”.

Sexual harassment does not just occur in offices only. It happens everywhere almost every day in formal and informal interactions, online and offline spaces, etc.

It happens to both men and women in special media platforms in hotels, salons, churches, gyms on the roadside, etc.

Sexual harassment in Kenya has specifically taken a not normal angle although a majority of the population has chosen to treat it as normal. Most cases include especially ladies seeking employment, internships, or attachment opportunities.

It has become the new normal not just in the town setup. Refusing to give in to the dirty demands would mean that your “outdated”

Even those who are well aware of the laws and the dangers of keeping silent still prefer to remain silent because there is no clear procedure on who to contact or where in case of a sexual harassment at the workplace. One would choose to secure his/her job even if it means giving in to the sexual harassment especially during this time of covid 19 pandemics where family heads are under pressure to deliver their responsibilities.

Okay, isn’t funny how abnormalities are first accepted as normal in our land?

Sexual harassment is a criminal offense in Kenya. According to clause 23 of the Sexual Offences Act (2006), any person in authority or holding a public office is prohibited from making sexual advances or requests .in any case he/she does, such a person is liable to a minimum three-year jail term or a penalty of not less than ksh.100,000.

Other forms of sexual harassment such as sexual assault, attempted rape, and indecent acts are also crimes that attract a five-to-ten-year jail term according to the Act.

It’s very rare to find an ordinary citizen suing a person in authority or just another fellow ordinary citizen because they believe they do not have the power to do so.

Well, this is one delicate topic that requires a lot of engagement and effort to completely delete from society.

First of all, it is very important to note that it’s very possible to successfully litigate a sexual harassment offense.

To do this, the aggrieved person must provide proof of the claim which can be in form of text messages, calls, emails calls, etc.

So many people become collaborators of sexual harassment when they fail to take action.

Despite the existence of anti-sexual laws in the country, the irony is that the number of men and women being sexually harassed keeps on rising, especially sexual assault.

As opposed to the Employment Act (2007) which stated that only companies with more than 20 employees were supposed to have a sexual harassment policy, the Employment (Amendment) Act 2019 demands of firms with more than 5 employees have the policy.

The policy should clearly state that each employee is entitled to employment that is free of sexual harassment, how to report the offense.

Furthermore, the staff should be sensitized through strategies such as email reminders and weekly talks to eliminate breeding grounds for sexual harassment in organizations.

Favoritism based on sexual favors at workplaces should be avoided at all costs because it jumbles up the conducive working environment.

An employee has a right to seek justice through the court if the employer fails to take action within 14 days of the notice.

As an ordinary citizen, you also have a right to follow the legal procedures to sue any person who sexually harasses you at any given time. Do not die in silence.