Sexual harassment in the legal profession, which way?

Senior businessman puting his arm on her secretary's knee. [Courtesy]

The recent Judicial Tribunal report in South Africa concerning Judge President Mbenenge offers Kenya an opportunity to reflect carefully on how sexual harassment complaints are handled within the legal profession. The Tribunal found that the Judge President engaged in misconduct by participating in flirtatious conversations during working hours.

However, it declined to classify the conduct as sexual harassment that amounts to misconduct warranting removal under Section 177 of the South African Constitution because the evidence showed that the exchanges were welcomed and consensual.