Duale Proposes 25 Year Jail Term For Sharing of Pornography

He also wants the government, through the National Computer and Cybercrimes Coordination Committee, to block access to all pornography websites by Kenyans in the country.

Duale Proposes 25 Year Jail Term For Sharing of Pornography
Garissa Township MP Aden Duale. /DAILY NATION

Garissa Township MP Aden Duale has proposed a 25-year jail term or a fine of Ksh20million for any Kenyan that will be caught sharing pornographic material.

His proposal, seen by Bright Kenya News, wants the publishing or possession of pornography via any computer or storage device criminalized.

He also wants the government, through the National Computer and Cybercrimes Coordination Committee, to block access to all pornography websites by Kenyans in the country.

The proposed law, to be cited as the Computer Misuse and Cybercrimes (Amendment) Act, 2020, is set to be published and introduced in the National Assembly for consideration this week. It will seek to amend the current Computer Misuse and Cybercrimes Act by introducing harsher penalties in the event of any violations.

If the bill is passed, any Kenyan found in possession of pornographic material in their phones or computer devices or publishes the same on the internet, particularly social media platforms will face a 25-year jail term or a fine of Ksh20million, or both.

Duale's bill will seek to make it illegal for any person to produce pornography for purposes of publication via a computer system.

“A person shall not knowingly download pornography, distribute, transmit, disseminate, circulate, deliver, exhibit, lend for gain, exchange, barter, sell or offer for sale, let on hire or offer to let on hire, offer in any way, or make available in any way from a telecommunications apparatus,” reads the proposed Bill in part.

Duale seeks to use the bill to protect political leaders who in recent times have been victims of being exposed to pornographic materials.

In 2018, Kisumu Governor Anyang’ Nyong’o raised eyebrows with his tale of a woman who kept harassing him with nude photos via WhatsApp.

The governor disclosed that the woman would send him photos and raunchy messages at night, forcing him to report the matter to the police.

Education Cabinet Secretary Prof. George Magoha in June 2020 called for pornography sites to be banned in the country, linking it to the high rate of teenage pregnancies experienced at the time.

“You see when you are not thinking about sex but someone opens a pornographic page then you start thinking about it and generating ideas. Why is that site accessible in Kenya? Who needs it?

“Don’t tell us because it is accessible in the US that it should be accessible here. There many countries in Africa and Asia that have blocked it and their culture is better,” Magoha posed.