A Kenyan court has delivered a landmark ruling that sends a strong message to tech companies across Africa: workplace harassment will not be tolerated, regardless of company size or culture.
Oscar Limoke, CEO of Pawa IT Solutions Limited, a Nairobi-based technology firm specializing in cloud migration services, has been ordered to pay KES 1.32 million (approximately $10,000) to a former employee who was sexually harassed and assaulted while working at the company.
The Case Background
Pawa IT Solutions helps African businesses transition their systems to Google Cloud and Microsoft 365. Despite its small size—employing fewer than 20 permanent staff—the company has maintained a visible presence in Kenya’s growing tech ecosystem.
The case began when a former employee, identified in court documents as RAO, resigned in May 2023. She cited sexual harassment, assault, and the company’s failure to address her complaints as reasons for leaving. She also pointed to proposed salary cuts as additional evidence of a hostile work environment.
What the Court Found
Justice S.C. Rutto, delivering the judgment on September 19, 2025, ruled that RAO’s resignation constituted “constructive dismissal”—a legal term used when an employee is forced to quit because working conditions have become unbearable.
The court found that Limoke had sent inappropriate messages and explicit content to RAO, who reported directly to him. This behavior violated Section 6(1) of Kenya’s Employment Act, which defines sexual harassment as any unwelcome sexual request, comment, or message from an employer that creates a hostile work environment.
Limoke defended himself by claiming his conduct was part of an “informal, fun” workplace culture built on jokes and casual communication. The judge firmly rejected this defense.
“By all means, making fun and using joke innuendos should not have included sharing sexually explicit material and texts with the Claimant, who was his junior colleague and direct report,” the judgment stated. “That was conduct that was simply not acceptable in the workplace.”
A Deeper Issue: Alleged Assault
The case also examined a January 14, 2023 incident that Limoke claimed was a consensual sexual encounter. However, the court found RAO’s immediate visit to a hospital for post-rape care and subsequent counseling sessions as compelling evidence that the encounter was not consensual.
“If at all the sexual encounter was consensual, why would the Claimant proceed to the hospital immediately thereafter and have a post-rape care form filled out, then undergo counseling sessions?” Justice Rutto questioned in the ruling.
The Company’s Flawed Response
The judgment also criticized Pawa IT’s internal investigation process. The court discovered that the company’s HR director—who is also Limoke’s spouse—had interfered with witness statements, compromising the entire process.
This conflict of interest, combined with Limoke’s position as co-founder, director, and shareholder, meant RAO had no realistic path to a fair resolution within the company.
The Financial and Professional Fallout
The court awarded RAO KES 120,000 ($912) as notice pay and KES 1.2 million ($9,120) as compensation, with interest accruing until the full amount is paid. Both Limoke and Pawa IT were also ordered to cover legal costs from both the claim and their counterclaim.
Pawa IT and Limoke had attempted to counter-sue for KES 6.6 million ($50,300), citing business losses and legal expenses. The court dismissed this claim entirely, ruling that RAO was justified in resigning without notice given the circumstances.
Following the ruling, Limoke has erased his digital footprint, deleting his LinkedIn profile and removing most traces of his online professional presence.
What This Means for Tech Companies
This case highlights several critical lessons for technology companies operating in Kenya and across Africa:
Workplace culture is not an excuse for harassment. No matter how “informal” or “casual” a company’s environment may be, there are clear boundaries that cannot be crossed, especially between supervisors and their direct reports.
Small companies are not exempt from employment law. Even startups and small firms must maintain proper HR processes and protect employees from abuse.
Conflicts of interest undermine justice. Having family members handle harassment complaints creates impossible situations for victims and exposes companies to legal liability.
Courts recognize emotional and sexual harm. Kenyan courts are increasingly willing to award meaningful compensation for workplace misconduct beyond just lost wages.
A Broader Conversation
As Africa’s tech ecosystem continues to grow rapidly, this ruling serves as an important reminder that innovation and growth must be accompanied by safe, professional work environments. The judgment reinforces that employees in the tech sector—just like in any other industry—have the right to dignity, respect, and protection from harassment.
For startups and established tech companies alike, the message is clear: invest in proper HR systems, establish clear policies against harassment, and ensure that complaints are handled fairly and independently. The cost of failing to do so extends far beyond financial penalties—it damages reputations, drives away talent, and undermines the credibility of the entire industry.
