Court Finds CEO Guilty of Sexual Harassment, Awards Employee Damages

The Employment and Labour Relations Court in Nairobi has found that a company chief executive officer sexually harassed and assaulted a junior employee, and has awarded her damages for constructive dismissal.

Justice Stella Rutto reached the decision after reviewing WhatsApp messages, TikTok videos, and witness testimony. The claimant, identified as Ms RA, joined the technology firm in 2021 as a finance and administration associate. She told the court that her supervisor, Mr OL, who was also the CEO and co-founder, regularly sent her memes and videos with sexual undertones.

The court found that, although the exchanges appeared informal at first, they crossed professional boundaries. A TikTok video with explicit lyrics, accompanied by an English translation, contradicted the CEO’s claim that he did not understand its meaning. The judge held that such communication amounted to sexual harassment and stated that workplace humour does not justify sharing sexually suggestive material with junior staff.

The claimant said the situation escalated in January 2023, when the CEO allegedly kissed her without consent after a client meeting. She further alleged that he later sexually assaulted her in his car following a company event. A colleague testified that she appeared distressed afterwards, and medical records confirmed that she sought treatment. The CEO denied the allegations, claiming that she had been intoxicated and had acted inappropriately towards him.

The court determined that the claimant had proved her case on a balance of probabilities. It described the conduct as a serious form of gender-based violence in the workplace and noted the power imbalance between the parties.

After reporting the matter internally, Ms RA was placed on paid leave and later resigned. She argued that the investigation was inadequate, that she was asked to return to work too soon, and that a proposed salary reduction worsened her situation. The company filed a counterclaim, seeking damages for her failure to give notice before resigning.

The court dismissed the counterclaim and awarded Ms RA compensation equal to ten months’ salary, along with one month’s pay in lieu of notice, totalling Sh1.32 million. Justice Rutto said that employers are responsible for ensuring a safe working environment and must respond effectively to complaints of harassment.

The ruling also addressed the role of digital communication in the workplace, confirming that informal messages with sexual content can constitute harassment, particularly where there is a clear imbalance of authority.