The Labor and Labor Relations Court has ruled that romantic relationships between employees are legal and has barred employers from implementing policies or laws that interfere with matters of the heart.
In a landmark ruling, the court warned employers against interfering in workplace romantic relationships, warning that such interference could amount to a violation of employees’ privacy rights.
“The purpose of a sexual harassment policy is not to police romantic relationships or prohibit marriages and families between willing employees. Romantic relationships in the workplace should be left to their natural course. It is a reckless law or policy that seeks to criminalize affairs of the heart,” Judge James Ricca said in his decision issued on Sept. 20, 2024.
The ruling follows a complaint filed by Mark Ngugi Mwaura, who accused G4S Kenya of unfairly terminating him. Mr Mwaura began his career with G4S in 2000 as a management trainee. After 20 years, he rose through the ranks to become the regional operations manager in Nairobi, earning a monthly salary of Sh270,400. But in 2020, he was terminated after being accused of sexually harassing a subordinate, Anne Mukami, and arranging her irregular transfer to a new duty station with better benefits.
Mr Mwaura, represented by his lawyer Cynthia Kwamboka, alleged that he was unfairly dismissed. He said he was forced to undergo a DNA test to determine whether he was the father of Ms Mukami’s child. The test came back negative, but G4S proceeded to terminate his contract over allegations of sexual harassment. Mr Mwaura alleged that his relationship with Ms Mukami lasted only two months and ended long before she was transferred.
Lawyer Kwamboka also noted that her client was not aware of G4S’s sexual harassment policy, and only learned about it after he was fired.
G4S defended its actions, saying Ms Mukami, a security guard, told the human resources manager that she had a sexual relationship with Mr Mwaura in 2016 and 2017, during which they allegedly had a child, and that Mr Mwaura had refused to provide child support.
Ms Mukami also alleged that Mr Mwaura used his influence to transfer her from a major hospital in Nairobi to a receptionist job at a soft drinks company, a role that came with an additional monthly salary of Sh10,000.
When called to a disciplinary hearing, G4S said Mr Mwaura had admitted to the relationship. The company said engaging in a romantic relationship with a subordinate violated its sexual harassment policy.
In his ruling, Judge Ricca acknowledged that G4S had failed to distinguish between a consensual relationship and sexual harassment. He stressed that not every relationship in the workplace amounted to harassment.
“As long as there are employees of different sexes (or even of the same sex) working in the same place, romantic or sexual relationships are inevitable. These relationships begin naturally, through the law of attraction,” the court said.
Woman harassing man
The court also ruled that while there was evidence of a relationship between Mr Mwaura and Ms Mukami, there was no convincing evidence to suggest that it constituted sexual harassment. The judge also noted that no evidence had been presented to show that Ms Mukami secured her transfer by providing sexual services.
The court found that the security firm’s conclusion that the plaintiff had engaged in sexual harassment was perplexing, given that G4S had accused Ms Mukami of engaging in the relationship for personal gain, failing an integrity test by falsely claiming that Mr Mwaura was the father of her child and repeatedly blackmailing him for money. Having found her guilty of these matters, G4S terminated her employment. The court noted that these actions were classic examples of a woman sexually harassing a man for personal gain.
The court also declared G4S’s sexual harassment policy unconstitutional, criticizing it for intruding into employees’ private lives. “An employee has the right to have a romantic relationship in the workplace, which is a right that falls under the privacy rights of our constitution,” the judge said.
Justice Rica noted that workplace relationships should only be monitored if they directly affect work performance or violate clear legal standards of workplace conduct.
He noted that some workplace romances also prove beneficial to an employer’s business when they flourish and lead to a family. He said this in reference to Bill and Melinda Gates’ relationship. “Bill and Melinda Gates met at Microsoft, where Bill was CEO and Melinda was an employee. They built Microsoft’s world-famous brand,” Judge Ricca said.
The court ultimately found that Mr Mwaura’s termination was unfair and awarded him compensation of Sh3,244,800. The court also ordered G4S to issue him a certificate of service.
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