Addressing the press on Wednesday, April 26, KFCB acting Chief Executive Officer (CEO) Christopher Wambua said it is illegal to share intimate images or videos of other parties without their consent.

He noted that section 37 of the Computer Misuse and Cybercrimes Act criminalises sharing, transfer, publishing or dissemination 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.

Wambua warned that the perpetrators risk harsh punishment including 2-year-imprisonment, a fine of up to Ksh200,000 or both.

“A person who commits this offense according to the law is liable, on conviction to a fine not exceeding Ksh200,000 (Two Hundred Thousand Kenya Shillings) or imprisonment for a term not exceeding two years, or to both,” he said.

He also encouraged aggrieved parties not to suffer in silence but seek legal redress.

“Further, Article 31 (c) of the 2010 Constitution provides for the right to privacy over information relating to one’s family or private affairs. This provision protects one’s intimate images from being unnecessarily required or revealed. In the recent past, our Courts have imposed highly punitive fines on violators of this provision. Victims of such gross violations, therefore, should not suffer in silence but seek legal redress for the perpetrators,” the CEO said. 

The KFCB boss also expressed concerns over an increase in misuse of digital apps from 10.00 pm onwards by social media users, some who host and stream live video sessions of explicit adult shows in blatant breach of the laws of the land and safety of children online.

“We have further noted that some apps are being transformed into digital brothels from midnight onwards,” Wambua said, adding that all these activities are happening at a time when children, who are heavy users of the internet and social media, are at home for the April holidays. 

He said the board is monitoring the activities with a view to collecting evidence for transmission to the Directorate of Criminal Investigation (DCI) for prosecution.

“Therefore, persons that are streaming explicit sexual content on social media platforms risk arrest and prosecution,” the CEO said.


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