Bank Sued in Sex Harassment Case1

A former bank employee wants Sh45.6 million in compensation for alleged sexual harassment by her boss.

Ms Jane Gichuki, 33, was forced to quit her job as a portfolio manager with Standard Chartered Bank because she could not withstand the conduct of her immediate boss, Mr Ben Muchina. Mr Muchina used "suggestive" body language which made her uncomfortable during the two years she worked at the bank. He also made statements about Kenyan women that suggested his sexual interest," He also made unsolicited offers to meet her for drinks after working hours, which she turned down.2

She claims that her former boss insinuated to her that she would obtain a favourable appraisal at work if she gave in to his sexual advances. She asserted that due to her boss' actions and victimisation occasioned by the bank, she "suffered psychologically" and had to get medical treatment.3

She blamed the bank for failing to take action even after she repeatedly lodged complaints and that it failed to recognise her outstanding achievements by giving her a poor performance rating in 2006. But the bank set up a tribunal on June 12, 2007, to investigate her allegations, which she said did not apply to her since she had resigned from their employment on June 5, 2007.

In her suit, Ms Gichuki has named Mr Muchina, an expatriate from Zimbabwe, and the Standard Chartered Bank as the defendants.4

She is seeking payment for loss of earnings for 20 years she could have worked for the bank before attaining the mandatory retirement age of 55 and medical and counselling expenses amounting to Sh45,655,000.

Lawyer Chacha Odera, for the bank, said the allegations had been denied and would put the plaintiff to strict proof on the same.5

Outcome of; Kingaipe and Another v Attorney-GeneralOn 27th May, 2010Livingstone High Court judge Elizabeth Muyovwe held that the Zambia Air Force (ZAF's) decision to subject Stanley Kingaipe and Charles Chookole to a mandatory HIV test violated their rights to privacy and freedom from inhuman and degrading treatment under the Zambian Constitution. The judge ordered that the petitioners be awarded damages for the mental anguish and emotional distress that they were subjected to as a result of the Zambia Air Force's decision to subject them for compulsory HIV testing.

1 See http://allafrica.com/stories/201011031286.html2 Also see http://www.nation.co.ke/News/Bank%20sued%20in%20sex%20harassment%20case/-/1056/1046438/-/fgr8bez/-/index.html3 Also see http://latestkenyantopjobs.blogspot.com/2010/11/sexual-harrasment-employee-sues.html4 http://www.africalegalbrief.com/index.php/component/content/article/163-richard-munguti.html5 See http://www.marsgroupkenya.org/multimedia/?StoryID=309006

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