Last Updated on February 27, 2026 by courtnews reporter
Court of Appeal Orders Jeremiah Kambi to Pay Ksh1 Million for Sexual Harassment
The Court of Appeal has ordered Jeremiah Kambi, the Chief Executive Officer of Aiducation International (K), to pay Ksh1 million in damages to a former employee for sexual harassment.
In a unanimous decision, Justices Agnes Murgor, Pauline Nyamweya, and Grace Ngenye ruled that Kambi created a hostile work environment through unwanted WhatsApp messages.
The court also directed Aiducation International (K) to pay the employee Ksh531,000 in unpaid terminal dues.
This brings the total liability to over Ksh1.5 million.
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Background of the Case
The former employee, identified in court papers as EMK, initially filed her case at the Mombasa Employment and Labour Relations Court.
In November 2021, Justice Byram Ongaya dismissed the claim. He ruled that the WhatsApp messages did not meet the legal threshold for sexual harassment under Section 6 of the Employment Act.
Justice Ongaya described the messages as private exchanges within a complex family context. He further stated that there was no promise of employment benefits or threats of adverse consequences.
EMK appealed the decision.
Court of Appeal Re-examines WhatsApp Messages
The Court of Appeal carefully reviewed the messages.
Jeremiah Kambi did not deny sending them.
EMK testified that the messages were sexual in nature and that she repeatedly rejected the advances.
She told the court that the conduct left her embarrassed and distressed. According to her, the working environment became unbearable.
Kambi and Aiducation International (K) argued that the messages were taken out of context. They also claimed that parts of the conversation were missing and that family ties existed between the two parties.
However, the appellate judges rejected that argument.
Hostile Work Environment Clarified
The judges clarified that Section 6 of the Employment Act recognizes two types of sexual harassment.
The first involves “quid pro quo” harassment, where sexual demands are tied to job benefits or threats.
The second involves a hostile work environment created through unwelcome sexual conduct.
The Court of Appeal found that the trial court focused only on the first category and failed to analyze the hostile work environment claim properly.
“We find that the trial judge misdirected himself,” the bench ruled.
Electronic Messages Can Constitute Harassment
The court made a significant finding regarding electronic communication.
It held that WhatsApp messages can amount to sexual harassment if they meet the legal criteria.
The judges emphasized that the platform used does not change the nature of the conduct.
What matters is the employment relationship and whether the communication was unwelcome.
The Victim’s Perspective Matters
The Court of Appeal also ruled that the test for whether conduct is unwelcome is subjective.
In other words, it is the victim who determines whether the conduct was offensive.
The absence of intent to harass is not a valid defence.
The judges further stated that family connections do not shield an employer from liability where harassment occurs in a workplace setting.
Final Orders
The court ordered Aiducation International (K) to pay EMK Ksh531,000 in terminal dues.
It also awarded Ksh1 million in general damages for sexual harassment.
The ruling is expected to significantly influence how workplace harassment cases are handled in Kenya.
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