The legal framework
Section 37 of the Computer Misuse and Cybercrimes Act 2018 makes it an offence to transfer, publish or disseminate an intimate image without consent. Cyber harassment is separately criminalised, and the Data Protection Act applies where the image is personal data. Constitutional privacy protection under Article 31 sits behind all of it.
Key points
| Statute | Computer Misuse and Cybercrimes Act 2018, section 37 |
|---|---|
| Cyber harassment | Separate offence covering menacing and indecent communication |
| Data protection | Data Protection Act 2019 for identifiable images |
| Constitution | Article 31 protects privacy of communications and personal information |
| Reporting | DCI cybercrime unit and the national KE-CIRT coordination centre |
| Civil claim | Constitutional petition under Article 22, no filing fee |
| Section 37 | Distribution of intimate images without consent is a specific offence |
| Constitutional petition | Available in parallel, with no filing fee |
In practice
- Save the evidence before reporting: screenshots with the URL and date, the account name, and any messages.
- Use the platform's own reporting form first — it is the fastest route to removal — then report to the authority.
- Use StopNCII.org or Take It Down for intimate images: they create a digital fingerprint so participating platforms can block re-uploads without you sending the image anywhere.
- Do not pay a person demanding money to delete an image: payment almost always leads to further demands.
- Run the criminal report and the data protection complaint at the same time.
Where to go
- DCI Cybercrime Investigation Unit.
- Office of the Data Protection Commissioner.
- Kenya National Commission on Human Rights.
Worth knowing
Both the criminal and the constitutional routes are open at once: an Article 22 petition can be filed even while a police investigation is pending, and it costs nothing to file. Kenya is one of the few countries in the region with a specific offence for non-consensual intimate images. Cite section 37 by number when reporting.
Official sources and links
- eCitizen — official government services portal