NAIROBI, Kenya — The Federation of Women Lawyers in Kenya (FIDA-Kenya) has issued a stark warning to the public against circulating, reposting, or commenting on non-consensual private images and videos, cautioning that such actions compound harm to victims and expose individuals to serious legal consequences.
In a statement released amid mounting public debate over a widely shared viral video, FIDA-Kenya said digital outrage must not override the rule of law, human dignity, or due process.
“While the relevant investigative agencies undertake appropriate action, FIDA-Kenya urges restraint, respect for due process, and an end to online harassment, shaming, and vigilante responses,” said FIDA-Kenya chairperson Christine Kungu.
Her remarks follow the circulation of videos depicting a woman who appeared heavily intoxicated and was subjected to indecent exposure while being filmed without her consent, an incident that ignited nationwide conversations about consent, exploitation, and the misuse of digital platforms.
FIDA-Kenya stressed that viral content, regardless of public reaction, must never be used to justify violations of fundamental rights guaranteed under Kenyan law. The organisation warned that sharing such material does not merely amplify humiliation but entrenches long-term harm.
“Doing so perpetuates harm to those involved and to the public, and exposes individuals to legal liability,” Kungu said.
Legal experts note that Kenya has witnessed a sharp rise in cases involving non-consensual distribution of intimate content, often fuelled by social media algorithms that reward outrage and spectacle. In such cases, victims are repeatedly re-victimised as content is reshared, commented on, and weaponised for public ridicule.
FIDA-Kenya reiterated that the non-consensual distribution of private images or videos violates a person’s right to privacy, dignity, and bodily autonomy. It said such acts amount to offences under multiple Kenyan laws, including Article 28 of the Constitution of Kenya 2010 on human dignity, Article 31 on the right to privacy, the Data Protection Act of 2019, and Sections 37 and 42 of the Computer Misuse and Cybercrime Act of 2018.
The woman at the centre of the viral incident has since come forward to share her account of events.
Identified as Marion Naipei, she spoke to Nairobi County Chief Officer in charge of Citizen Engagement and Customer Service Geoffrey Mosiria, offering details of what transpired and the emotional toll that followed.
Her account came days after videos circulated widely online showing her dancing and stumbling while a man filmed her in a compromising and indecent manner, footage that sparked intense backlash and condemnation for being demeaning and exploitative.
Speaking about the impact of the incident, Naipei described the psychological distress she continues to endure.
“He embarrassed me, he body shamed me. I feel traumatised right now. I am sorry to all Kenyans. I made a mistake,” she said.
She explained that her intoxicated state left her vulnerable and unable to protect herself.
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“I was intoxicated so much, and that guy took advantage of the situation,” she added, describing an experience she said has left lasting emotional scars.
Naipei also issued an apology to her family and the public, expressing remorse and self-reflection.
“I am sorry to my family, and I am sorry to myself too. I have to find a way to forgive myself,” she said.
Beyond the individual case, rights advocates say the incident exposes a deeper societal failure to distinguish accountability from cruelty in the digital age. While public condemnation often presents itself as moral outrage, FIDA-Kenya argues that uncontrolled online shaming mirrors the very abuse it claims to oppose.
As investigations continue, the organisation urged Kenyans to recognise that justice is not served through viral punishment, but through lawful processes that protect victims, uphold dignity, and hold perpetrators accountable.
