The MP, who was speaking during a parliamentary debate on sexual harassment, said she is offended by the ongoing harassment and especially of women and is therefore calling for the harshest punishment for the culprits.
“I don’t support the death penalty, but if I did, I would support the death penalty for such people, but since I don’t support the death penalty, I think we need to enhance the sentencing to life imprisonment,” she said.
She cautioned that netizens who do this with the intent of shaming people on social media consider the collateral damage of their actions.
“At least if you are not bothered about that person (the victim), have mercy on their children,” Millie Odhiambo added.
The law clearly states that offenders who share one’s nude pictures with or without consent could face up to two years in jail or pay a fine of up to Ksh200,000 or even both.
This is captured in Section 37 of the Act which reads:
“A person who transfers, publishes, or disseminates, including making a digital depiction available for distribution or downloading through a telecommunications network or through any other means of transferring data to a computer, the intimate or obscene image of another person commits an offense and is liable, on conviction to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding two years, or to both”.
Also, the Constitution of Kenya and the Computer Misuse and Cybercrimes Act 2018 protect privacy and shield Kenyans against emotional blackmail.
Article 28 states: “Every person has inherent dignity and the right to have that dignity respected and protected.”
Further, Article 31 states: “Every person has the right to privacy, which includes the right not to have (a) their person, home or property searched; (b) their possessions seized; (c) information relating to their family or private affairs unnecessarily required or revealed; or (d) the privacy of their communications infringed.”