A local court in Kenya has allowed the authorities to carry out a search and confiscate electronic gadgets of a woman who is believed to have circulated obscene images of her husband’s mistress online.
In a miscellaneous criminal application, police constable Alice Waithera sought permission from Senior Resident magistrate Ms. Grace Omodho to issue her with a search warrant to have access into the offices, residential and business premises belonging to the accused.
The officer wants to be allowed to seize (if found) and carry exhibits so as to submit for forensic analysis any electronic communication gadgets such as phone, laptop, Ipad or desktop computer that may be linked to the offense of forgery or making documents without authority in which Wanjiru is a suspect.
The suspect is alleged to have obtained a video from her husband’s phone and went ahead to share its contents on WhatsApp.
This is a wrongful distribution of intimate images contrary to section 37 of the computer and cyber-crimes act number 5 of 2018, which is under the Computer Misuse and Cyber-Crimes Act part three no 37 of Kenya laws.
The law states that a person who transfers according to the act, publishes or disseminates, including making a digital depiction available for distribution or downloading through a telecommunications network or through any other means of transferring data to a computer, the intimate or obscene image of another person commits an offense that is liable on conviction for a term not exceeding two years or a fine.
The video in which the complainant is appearing to be masturbating is dated December 10, 2020.
The video has been shared far and wide and has emotionally disturbed and damaged the complainant’s public image immensely, according to the affidavit sworn by the police constable.
Ms. Omodho granted the officer the order during proceedings that were held on-line following the pandemic that has compelled Kiambu law courts to operate virtually.