Viloko v Cuisine & another (Employment and Labour Relations Petition E017 of 2025) [2025] KEELRC 2688 (KLR)
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
#Key legal issues
#Whether the 2nd Respondent sexually harassed the petitioner and violated her constitutional rights
Yes - the audio recording proved insults, calling her a prostitute and threats of sexual assault, violating Articles 25(a), 28 and 41
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.
Whether the petitioner was constructively dismissed
Yes - her leaving work after the incident amounted to constructive dismissal, compensated at 10 months' salary
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.
Whether the petitioner is entitled to the remedies sought
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
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.
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.Damages for breach of constitutional rights of Kshs 1,000,000
- 2.Compensation for constructive/unfair dismissal of 10 months' salary (10 x 15,000 = Kshs 150,000)
- 3.Total award of Kshs 1,150,000 less statutory deduction
- 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.