In July 2023, Caroline Wanjiku Kangethe and about 35 other female employees at Sun Power Products Limited, trading as Brown's Food Company, were forced to remove or expose their undergarments in a workplace toilet by the company's Human Resource Manager and Quality Assurance Officer, who conducted the intrusive "menstrual verification" exercise after discovering a sanitary pad in a dustbin, with the employees threatened with job loss if they refused.
The incident, which took place on July 4, 2023, subjected the women to a humiliating and degrading inspection that violated their fundamental rights to dignity, privacy, and fair labour practices, as the officers sought to identify which employee had disposed of the sanitary pad.
Brown's Food Company, a premier family-run artisan food business renowned for pioneering natural, organic, and sustainable farm-to-table products, has built a reputation as one of Kenya's most respected food brands.
The company, which started as an award-winning cheese manufacturer in the misty highlands of Tigoni, Kiambu, has grown into an expansive ecosystem offering luxury dairy products, plant-based alternatives, sourdough baked goods, and immersive farm experiences.
Partnering with over 5,000 smallholder Kenyan farmers, the company operates under a strictly organic and local sourcing model, and its products are sold in upscale retail outlets including Village Market, Sarit Centre, and Yaya Centre.
The company's flagship Living Food Campus in Tigoni attracts visitors from across the country for farm tours, workshops, and demonstrations on clean eating and sustainable agriculture.
However, the company's reputation for quality and ethical production now stands in stark contrast to the degrading treatment its female employees were subjected to within its own workplace.
Kangethe, who was among the women forced to undergo the invasive procedure, later testified that the incident created a hostile working environment and led to discrimination in overtime allocation, ultimately forcing her to resign in June 2024.
She filed a case at the Employment and Labour Relations Court seeking damages for violations of her constitutional rights, arguing that the company's actions amounted to sexual harassment, gender-based violence, false imprisonment, and unfair termination, while also demanding a written apology and orders compelling the employer to implement stronger workplace safeguards against discrimination and harassment.
The company admitted that the incident occurred but maintained that it was carried out without the knowledge or approval of senior management, arguing that the two officers acted on a "frolic of their own" in breach of the company's internal policies on privacy and sexual harassment.
The employer told the court that both officers were dismissed following disciplinary proceedings and that affected employees were offered professional counselling, while denying allegations of discrimination, retaliation, and constructive dismissal, insisting that Kangethe resigned voluntarily to pursue other opportunities.
Justice Dr. Jacob Gakeri, in his judgment, found that the forced inspection violated Articles 28, 29, 31, and 41 of the Constitution by infringing the petitioner's rights to dignity, freedom from degrading treatment, privacy, and fair labour practices, and held that although the actions were unauthorized, they were committed by senior officers in the course of their employment while exercising authority over staff, making the employer legally responsible for their conduct.
"The Respondent employed the two officers and gave them responsibilities over other staff and thus cannot escape liability for their nefarious acts committed in the course of their employment against fellow employees at the workplace," the judge ruled.
However, the court rejected claims that Kangethe had been discriminated against in overtime allocation or subjected to victimization, finding that she failed to establish evidence of differential treatment, and also dismissed the claim of constructive dismissal, noting that she continued working for nearly a year after the incident and resigned through a letter expressing gratitude for the opportunities she had received.
Justice Gakeri further declined to find that the petitioner had been falsely imprisoned, observing that there was no evidence that the employees had been physically confined or prevented from leaving the inspection area.
The court awarded Kangethe Ksh 1 million in general damages for the violation of her constitutional rights and costs of the suit, a ruling that has sent a strong warning to employers about the consequences of subjecting employees to degrading treatment and violating their fundamental rights in the workplace.
For Brown's Food Company, a brand built on the values of sustainability, quality, and ethical production, the judgment represents a significant stain on its reputation and a reminder that a company's commitment to ethical practices must extend beyond its products to the treatment of its own workforce.
