Thursday, April 02,
2026 - The Employment and Labour Relations Court (ELRC) in Nairobi has
delivered a landmark judgment, ruling that s3xually suggestive jokes, memes and
WhatsApp messages exchanged between colleagues can amount to harassment,
particularly where a power imbalance exists.
The case involved a female employee who began receiving
inappropriate WhatsApp messages, memes and suggestive communication from her
boss.
What initially appeared to be casual digital banter soon
became distressing, creating what she described as an unbearable work
environment.
She eventually resigned, citing toxicity, though her
employer argued that she had left voluntarily without lodging a formal
complaint.
The court examined digital evidence and found that the
employee was forced out due to intolerable conditions.
It cited Section 6 of the Employment Act, noting that
harassment does not need to be physical.
“Such harassment can occur through persistent memes, videos, and
WhatsApp messages, therefore making it hard for the employee to effectively
work the following day,” the ruling stated.
The ELRC awarded the woman Ksh 1.3 million in compensation
for constructive dismissal and harassment.
The judgment underscores that professional boundaries extend
beyond office walls into digital platforms and private messaging.
The court made it clear that WhatsApp messages, memes, jokes
and videos shared between colleagues, can form the basis of a s3xual harassment
claim.
The Kenyan DAILY POST
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