Why Kenyans Risk 25 Year Jail Term For Sharing Pornography

Garissa Township MP Aden Duale, in proposals seen by Viral Tea, wants the publishing or possession of pornography made illegal in any computer or storage device.

Kenyans ranging from artists, video music producers, advertisers, and even individuals could face a Ksh20million fine or 25-year jail term for sharing pornographic material in proposed new laws.

Garissa Township MP Aden Duale, in proposals seen by Viral Tea, wants the publishing or possession of pornography made illegal in any computer or storage device.

Duale also wants the government, through the National Computer and Cybercrimes Coordination Committee, to block access to pornography websites by persons within the country.

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

If the bill sails through, 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.

The proposal comes months after Education Cabinet Secretary Prof. George Magoha called for pornography sites to be banned in the country, blaming it for the high rate of teenage pregnancies

Magoha revealed on June 18, 2020, that he would coerce the Cabinet and by extension the President to consider changing the law to block information related to pornography from being accessed by anyone in the country.

“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?” posed Magoha.

“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,” he added.