Kenya Court Orders CEO to Pay KES 1.32M for Sexual Harassment
Kenya's Employment and Labour Relations Court has ordered Oscar Limoke, the CEO of Pawa IT Solutions Limited, to make a substantial payment for sexual harassment and assault. The ruling follows an incident involving a former employee, RAO, who was forced to resign due to Limoke's conduct.
The court found that an alleged sexual encounter on January 14, 2023, was likely non-consensual. RAO sought immediate medical attention and filled out a post-rape care form, supporting her claim. Limoke's actions, including sending inappropriate messages and sharing a vulgar TikTok video, violated Section 6(1) of the Employment Act.
The court ruled that Limoke's behaviour and Pawa IT's failure to address it amounted to constructive dismissal. RAO received KES 120,000 ($912) as notice pay and KES 1.2 million ($9,120) as compensation, with interest accruing until full payment. The court also criticized Pawa IT's internal investigation due to interference by the HR director, who is also Limoke's spouse.
The court ordered Limoke and Pawa IT to pay a total of KES 1.32 million (about $10,000) plus costs for the claim and counterclaim. This ruling serves as a stern warning against sexual harassment in the workplace and the importance of proper investigation and action by employers.
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