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A recent viral video showing a CEO and his HR manager getting cosy at a Coldplay concert in the United States has sparked heated debate on social media.
While some viewers dismissed it as harmless fun, others raised concerns about professionalism, power dynamics, and the ethical implications of workplace relationships.
Beyond the morality debate, the bigger question remains what does Kenyan law say about romance in the workplace? Is it permitted, discouraged, or even punishable?
Here’s what the law says, and the boundaries that employers and employees should be aware of.
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Kenya’s legal stance: Romance isn’t illegal
Kenyan labour law takes a relatively hands-off approach to office romance.
The Employment Act, 2007, which governs workplace conduct, does not explicitly prohibit consensual romantic relationships between colleagues even where one party is in a supervisory position.
An AI-generated image of office colleagues holding hands romantically
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In fact, courts have taken the position that employers cannot ban romantic relationships between consenting adults.
This is supported by the Employment and Labour Relations Court (ELRC), which in recent rulings has upheld employees’ constitutional rights to privacy and dignity.
In the landmark case of Mark Ngugi Mwaura v. G4S Kenya Limited, the court ruled that a blanket ban on romantic relationships at work is unconstitutional.
As the judge noted:
Romantic relationships at the workplace must be left to run their own natural course, and that it is not an employer’s place to “police the affairs of the heart.
Privacy, not policing
The foundation of the legal argument lies in two key constitutional provisions, the right to privacy (Article 31) and the right to dignity (Article 28).
As long as the relationship is mutual and consensual, Kenyan law sees no wrongdoing.
An AI-generated image of office colleagues holding hands romantically
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Additionally, not all romantic or sexual behaviour at the workplace amounts to sexual harassment.
Section 6 of the Employment Act defines harassment as unwelcome behaviour, physical contact and advances; sexual favours; and other verbal and non-verbal conduct of a sexual nature that is unwelcome to the other person.
Thus, a relationship based on mutual consent does not fall within this scope.
When romance crosses the line
While the law protects consensual relationships, it does not give them a free pass. Employers still have the right to step in not because of the relationship itself, but because of its consequences in the workplace.
Here are the main circumstances under which office romances can become problematic under Kenyan law:
1. Conflict of interest
This is the most pressing issue in relationships involving power imbalance — such as between a CEO and a subordinate. The law allows employers to act if a romantic relationship creates or appears to create a conflict of interest.
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An AI-generated image of office colleagues holding hands romantically
For instance, if the CEO is dating the HR chief, there’s a potential risk of favouritism, compromised objectivity and erosion of trust among other employees, especially if decisions on promotions, salaries, or disciplinary actions are involved.
2. Poor job performance or productivity
Employers can intervene if the relationship leads to reduced productivity, missed deadlines, or poor team performance. The focus here is on the impact on the job, not the relationship itself.
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3. A toxic or disharmonious workplace
If the relationship causes tension among other employees, or results in accusations of bias or favouritism, it becomes a legitimate concern. The court recognises the employer's obligation to maintain a harmonious work environment.
4. Inappropriate conduct even outside work
Even behaviour that happens outside the office, such as public displays of affection that become viral and affect the reputation of the individuals or the company, may be grounds for disciplinary action.
From romance to harassment
A consensual relationship can turn into harassment if, for instance, one party tries to end it and the other refuses to accept it, or if the initial consent was given under pressure due to a power imbalance.
When a workplace relationship deteriorates, it can easily shift into unwelcome behaviour which legally becomes harassment under the Employment Act.
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Employers can regulate, But not ban
Employers are allowed to put in place policies around workplace relationships but these policies must be reasonable and legally sound.
While outright bans are unconstitutional, employers can:
Require employees to disclose romantic relationships that may pose a conflict of interest;
Outline expectations for professional conduct;
Reassign roles where necessary to avoid perceived bias.