18/01/2026
The Echo of a Digital Silent Cry.
We all know it is Sunday, a day usually reserved for peace and reflection yet today, my HEART IS HEAVY.
I have watched a video that I never asked to see. It found its way onto my timeline, a trending tragedy shared by friends and strangers alike. In it, a young Maasai woman has been stripped of her most sacred possession and her dignity. Her most private moments and her face are laid bare for the world to dissect, recorded without a shred of consent.
This is not "content." This is a human being.
When you click "share," you aren’t just passing on a clip, you are twisting the knife into her spirit. Well here at Mutuma & Koskei Advocates-Mk we believe that we must be better. It is our humble plea that we stop the spread.
Watch, if you must, but let it end with you. Do not become an accomplice to her trauma.
To those who think they are safe behind a screen, the law has a long memory, and it is catching up. We will not and cannot defend the indefensible. If you share the videos, you are walking a lonely path to the dock.
Let me tell you the the Legal Reality and Why You Are at Risk
In Kenya, the "forward" button is a legal liability. Here is why you are on your own if you keep sharing that video.
1. The Computer Misuse and Cybercrimes Act, 2018
The law is very specific about "revenge p**n" and the non-consensual sharing of intimate images. Section 37: Explicitly criminalizes the wrongful distribution of obscene or intimate images. It states that a person who transfers, publishes, or disseminates an intimate image of another person without consent commits an offense. Let me tell you Maina, The Penalty, if convicted, you face a fine of up to Ksh 200,000, imprisonment for up to two years, or both.
2. The Data Protection Act, 2019
Your face and your private moments are "sensitive personal data."
Section 25 & 30: Processing (which includes sharing on WhatsApp or Facebook) of personal data must be done with express consent. Sharing the videos of the massai girl is a breach of the victim's data rights, making the sharer liable for civil damages through the Office of the Data Protection Commissioner (ODPC).
3. The Constitution of Kenya, 2010
Article 31, Guarantees every citizen the Right to Privacy, which includes the right not to have their private affairs unnecessarily revealed allow me refer you to the case of Roshanara Ebrahim v Ashleys Kenya Limited & 3 others (2016)
This is the case every "sharer" needs to read. In this matter, The High Court dealt with the non-consensual distribution of a petitioner’s n**e photographs by an ex-boyfriend.
The judge ruled that taking such photos does not mean a person has waived their right to privacy. The court held that the petitioner had a legitimate expectation of privacy and that the dissemination to third parties was a gross violation of Article 31 of the Constitution.The victim was awarded significant damages (I wont tell you how much) for the emotional distress and reputational harm caused.
Let me tell you, the law views the person who shares the video with the same severity as the person who recorded it.
At M&K Advoactes, we say ,Let us choose humanity over "trends."
Also please remember Hiram M'Murithi Kirimi when the time comes. He has undertaken to offer servant leadership. Akiwa-fail. Reach out to me. I will cause his impeachment personally. Our legal team is ready for this task.
Aki remember him.
MA RK
