The Kenyan labour court has ruled that employers cannot ban romantic relationships between employees, stating that corporate policies should not stifle love. The ruling was made by Justice James Rika of the Employment and Labour Relations Court in Nairobi, following a case involving MN, a former regional operations manager at G4S, who was fired for engaging in a romantic relationship with a junior employee, DJ.
Justice Rika awarded MN 3.2 million Kenyan shillings (approximately Shs92 million) for unfair dismissal, asserting that an employer has no right to interfere in the personal relationships of consenting adults. “Nothing is more degrading than for a third party, an employer, to intermeddle in a love relationship between two consenting adults,” he stated.
The judge emphasized that workplace romances should be allowed to take their natural course without employer interference. He encouraged companies to support their employees in thriving both professionally and personally, remarking, “It is a harebrained law or policy that would seek to outlaw the affairs of the heart.”
Justice Rika also critiqued G4S’s sexual harassment policy, which prohibited romantic relationships, ruling it as an infringement on employees’ privacy rights. He noted that such policies are not legally defensible and pointed out that courts in progressive jurisdictions protect workplace romances, provided they do not affect job performance.
The court found no valid reason for MN’s termination and concluded that the evidence did not justify the dismissal. Justice Rika urged employers to embrace the complexities of human relationships and create an environment where love can flourish without fear of reprisal.
