A married Kenyan woman, MM, has been awarded Ksh2 million, equivalent to over R320,000, by the High Court in Machakos. The court ruled that her ex-boyfriend, PM, was responsible for or facilitated the circulation of her intimate photographs online, violating her constitutional rights to dignity and privacy. MM had approached the court, alleging that PM had taken nude photographs of her without her consent and shared them on WhatsApp and Facebook.
According to court documents, MM and PM had met on several occasions, both privately and in public. MM was married to PW, with whom she has two children. She testified that she was shocked when she began receiving calls and screenshots showing her nude photographs circulating on social media. The photographs were widely circulated in Machakos County and beyond, exposing her to ridicule and mockery from family members, friends, and neighbors.
MM told the court that she suffered severe psychological and mental distress, fell into depression, and contemplated suicide. She sought medical treatment and counseling following the alleged circulation of the photographs. The photographs were also sent to her husband, resulting in the breakdown of their marriage. MM subsequently moved to her parents' home with her two children.
PM denied circulating the photographs, stating that the images had not been linked to his WhatsApp or Facebook accounts. He claimed he first became aware they were circulating when his mother contacted him via WhatsApp. PM also argued that he had been admitted to Coptic Hospital from March 15 to 17, 2023, due to illness and could not have circulated the photographs during that period.
The court's central question was whether MM had proved, on a balance of probabilities, that PM had taken and/or circulated the photographs. Although MM did not produce conclusive electronic evidence directly linking PM's WhatsApp or Facebook accounts to the circulation, the judge found that the surrounding circumstances pointed to his responsibility. The judge noted that PM had exclusive possession or control of the intimate material and therefore had a heightened duty to prevent its unauthorized disclosure.
The court ultimately concluded that PM was responsible for or facilitated the circulation of MM's nude photographs, either directly, indirectly, or recklessly. His conduct violated her constitutional rights to dignity and privacy under Articles 28 and 31 of Kenya's Constitution. The court also restrained PM, whether personally or through his agents, from publishing, sharing, or distributing the photographs in the future.
MM had sought Ksh20 million, approximately R3.2 million, in compensation, while PM argued that Ksh100,000, more than R12,500, would be adequate if the court found against him. The judge rejected both amounts, awarding MM Ksh2 million, over R320,000, in general damages for the violation of her rights to dignity and privacy arising from PM's reckless disregard of those rights.
Key points
- A Kenyan woman was awarded over R320,000 after a court found her ex-boyfriend responsible for circulating her nude photographs online.
- The court ruled that the ex-boyfriend's conduct violated the woman's constitutional rights to dignity and privacy.
- The woman had sought Ksh20 million in compensation, but was awarded Ksh2 million, over R320,000, in general damages.
