Court Awards Woman KSh1 Million After Company’s Shocking ‘Menstrual Verification’ Exercise

The Employment and Labour Relations Court has ordered a Kenyan company to pay a former employee Ksh1 million after ruling that managers humiliated female workers during a “menstrual verification” exercise that violated their dignity and privacy.

Justice Jacob Gakeri ruled that the company’s directive, which forced women to expose their underwear to check who was on her period, amounted to unlawful, inhuman, and degrading treatment that violated the Constitution.

What Led to the Lawsuit

The employee sued after staff discovered a used sanitary pad at work. According to court documents, senior female officers forced roughly 35 female employees into a bathroom and demanded they lower their underwear to reveal who had started menstruating.

The former employee said the ordeal left her deeply humiliated. She added that management later denied her overtime opportunities in retaliation, which she said eventually forced her to resign because of the toxic work environment.

Company’s Defense Rejected

The company admitted the incident happened but claimed the managers acted on their own without corporate approval. The firm argued that it fired the responsible staff after disciplinary hearings and provided counseling to affected employees.

Justice Gakeri rejected that defense, ruling that the employer remained responsible since those officers exercised corporate authority while supervising staff. The court held the company vicariously liable, meaning the employer bears legal responsibility for the actions of its managers carried out in the course of their duties, and awarded the former employee Ksh1 million plus legal costs.

The judge dismissed her additional claims of overtime discrimination, false imprisonment, and constructive dismissal, citing a lack of evidence. He noted that she worked at the firm for nearly another year before resigning with a letter thanking the company for her time there as she pursued new opportunities.

Justice Gakeri made clear that employers remain liable when managers abuse their authority, even without express corporate approval, reinforcing every company’s duty to protect worker dignity and privacy.

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