Kenyan Company Ordered to Pay Former Employee KSh1 Million Over ‘Menstrual Verification’ Ordeal
A Kenyan company has been ordered to pay a former female employee KSh1 million after a court found that managers subjected women workers to a humiliating and unlawful “menstrual verification” exercise at their workplace.
The Employment and Labour Relations Court ruled that forcing female employees to expose their underwear in an attempt to determine who was menstruating amounted to unlawful, inhuman and degrading treatment, violating their constitutional rights to dignity and privacy.
Justice Jacob Gakeri found the employer legally responsible for the conduct of its managers, despite the company arguing that the controversial exercise had not been authorised by senior management.
The case arose after a used sanitary pad was reportedly discovered at the workplace, triggering an extraordinary response by senior female officers.
According to the court documents, approximately 35 female employees were ordered into a toilet, where they were allegedly compelled to expose their underwear so that supervisors could establish which worker had been menstruating.
The former employee told the court that the incident left her deeply humiliated and violated her dignity.
She further alleged that she was subsequently discriminated against when overtime opportunities were allocated and that the deteriorating working environment eventually forced her to resign.
Court rejects company’s defence
The company acknowledged that the incident had occurred but sought to distance itself from the conduct of the officers involved.
It argued that the managers had acted independently and without the company’s approval.
The employer also told the court that disciplinary action had subsequently been taken against those responsible, resulting in their dismissal, while counselling was offered to employees who had been affected by the incident.
But Justice Gakeri rejected the argument that the company could avoid liability simply because the conduct had not been expressly authorised.
The judge held that the officers were exercising authority entrusted to them by the employer while carrying out their supervisory responsibilities.
The company was therefore found vicariously liable for the actions of its managers.
KSh1 million compensation
As a result, the court awarded the former employee KSh1 million in compensation, together with the costs of the case.
Justice Gakeri’s decision sends a significant warning to employers over the treatment of workers, particularly where managers or supervisors abuse the authority entrusted to them.
The ruling reinforces the constitutional protection of employees’ dignity and privacy and makes clear that employers may face legal consequences for misconduct committed by managers acting within the scope of their workplace authority.
However, the court did not accept all of the former employee’s claims.
Her allegations of overtime discrimination, false imprisonment and constructive dismissal were dismissed after the court found that there was insufficient evidence to support them.
The judge also considered the fact that the woman remained in employment for almost a year after the alleged incident before eventually resigning.
Her resignation letter reportedly expressed gratitude for the opportunities she had received at the company while indicating that she was pursuing other career prospects.
A warning to Kenyan employers
The ruling nevertheless leaves employers with a stark reminder that workplace misconduct cannot simply be dismissed as the actions of individual supervisors when those individuals are exercising authority given to them by the organisation.
In this case, the court concluded that the treatment of the female workers crossed the line from workplace supervision into conduct that violated fundamental rights.
The KSh1 million award therefore represents both compensation to the former employee and a wider judicial warning about the responsibilities employers carry towards their workers.
The judgment underlines the importance of protecting employees from humiliating treatment and ensuring that workplace investigations are conducted lawfully, respectfully and with regard for individual dignity and privacy.
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