A playful exchange in the office escalated into a serious legal dispute, culminating in a KSh 1.5 million compensation awarded to a female Nairobi lawyer.
Identified as Ms VA in court records, she was dismissed by the civil society organization Kituo Cha Sheria following allegations of sexual harassment made by a junior male colleague, Mr SR.
SR claimed VA had called him nicknames like “baby boy” and “lollipop,” which he described as sexual harassment, leading to her termination in November 2022.
However, the Employment and Labour Relations Court in Nairobi ruled the dismissal unlawful and procedurally flawed.
Justice Byram Ongaya found the allegations to be either fabricated or accepted by Mr SR, noting that he never objected to the nicknames for over 18 months.
These nicknames even appeared on his birthday cake and were used in casual WhatsApp chats without complaint.
The judge described the allegations as malicious and unfounded, observing that if the conduct occurred, SR had tolerated it due to his prolonged silence.
The court also criticized Kituo Cha Sheria for denying VA the opportunity to defend herself and for failing to provide a conclusive report from the internal committee investigating the claims.
Citing emotional distress and reputational damage suffered by Ms VA, a practising advocate of the High Court of Kenya, the judge ordered Kituo Cha Sheria to compensate her with KSh 1.5 million by July 1, the equivalent of a year’s salary.
