Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedPetition dated 10th February 2025 (ELRC, Nairobi)· [2025] KEELRC 2688 (KLR)

Viloko v Cuisine & another (Employment and Labour Relations Petition E017 of 2025) [2025] KEELRC 2688 (KLR)

Employment and Labour Relations Court
2 October 2025
4,416 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

#

A Kenyan court awarded a waiter Kshs 1.15 million after recorded sexual threats by her manager, finding her resignation was constructive dismissal.

What this practically means

#

Executive summary

#
The petitioner, a waiter turned barista employed by the 1st Respondent at Kshs 15,000 per month, petitioned the Employment and Labour Relations Court alleging that on 5th February 2025 the 2nd Respondent, a manager, grabbed her by the collar, attempted to slap her, and subjected her to recorded verbal abuse and threats of sexual assault, calling her a prostitute in several languages. She further alleged that a director of the 1st Respondent forced her to delete the video evidence and searched her phone, violating her privacy, and that after offers of hush money were refused she was dismissed and told not to report to work. She sought declarations under Articles 25(a), 28, 29, 31 and 41, findings under sections 6 and 45 of the Employment Act, general, exemplary and punitive damages, one month's notice pay and 12 months' pay for wrongful termination. The Respondents denied the incident, contending she absconded duty, that the petition was an extortion attempt, and that the statutory sexual harassment policy duty under section 6(2) did not apply to an employer with fewer than 20 employees. The court framed two issues: breach of constitutional rights and entitlement to remedies. Relying on the audio recording and transcript, it found the respondents had flouted her rights to dignity, freedom from degrading treatment and fair labour practices, and that her leaving work amounted to constructive dismissal. It awarded Kshs 1 million constitutional damages plus 10 months' salary (Kshs 150,000), totalling Kshs 1,150,000 less statutory deductions, with costs and interest to the petitioner.

Key legal issues

#
01

Whether the 2nd Respondent sexually harassed the petitioner and violated her constitutional rights

Holding

Yes - the audio recording proved insults, calling her a prostitute and threats of sexual assault, violating Articles 25(a), 28 and 41

Reasoning

The petitioner produced a recorded conversation and transcript. The respondents denied culpability but did not respond to the recorded sexual harassment and threats. The court found the insults demeaned the petitioner and constituted sexual harassment under the Employment Act definition as adopted in Vishaka, and that the conduct at the workplace violated her dignity, freedom from degrading treatment and fair labour practices.

p. 9
02

Whether the petitioner was constructively dismissed

Holding

Yes - her leaving work after the incident amounted to constructive dismissal, compensated at 10 months' salary

Reasoning

Although the respondents claimed she absconded and no termination letter was issued, the court found that the petitioner left work following the incident of sexual harassment and degrading treatment, which made her continued employment untenable, amounting to constructive dismissal warranting compensation for unfair dismissal.

p. 9
03

Whether the petitioner is entitled to the remedies sought

Holding

Partially - Kshs 1 million constitutional damages plus 10 months' salary (Kshs 150,000), total Kshs 1,150,000 less statutory deductions, plus costs and interest

Reasoning

Having found violations of constitutional rights and constructive dismissal, the court awarded general constitutional damages of Kshs 1 million and compensation of 10 months' salary at her wage of Kshs 15,000, less statutory deductions, with costs and interest, rather than the full panoply of reliefs claimed including 12 months' pay and exemplary damages.

p. 9

Legal principles established

#
  • Use of language of a sexual nature coupled with threats of physical/sexual conduct towards an employee constitutes sexual harassment and violates the rights to dignity, freedom from inhumane and degrading treatment and fair labour practices
  • An employee leaving work after such an incident may amount to constructive dismissal attracting compensation for unfair dismissal

Court orders

#
  1. 1.Damages for breach of constitutional rights of Kshs 1,000,000
  2. 2.Compensation for constructive/unfair dismissal of 10 months' salary (10 x 15,000 = Kshs 150,000)
  3. 3.Total award of Kshs 1,150,000 less statutory deduction
  4. 4.Respondents to pay costs of the petition plus interest at court rates with effect from the date of judgment
Jurisdiction invoked
Articles 25(a), 28, 29, 31, 41 and 50 of the Constitution of Kenya 2010 and Section 6 of the Employment Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Viloko v Cuisine & another (Employment and Labour Relations Petition E017 of 2025) [2025] KEELRC 2688 (KLR)", Case Analysis (2025). Petition dated 10th February 2025 (ELRC, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2688/eng@2025-10-02

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.