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By Shadrack Andenga Odinga
A 58 year old Asian businessman was charged at Kibra law courts on Friday for sending nude photos to his ex-girlfriend via email.
Sandeep Ranjkant Desai denied that on 5th of July this year he sent inappropriate photos to Miss Linda Thorpe via email.
“I did not send the photos via email as claimed by the complainant,” Sandeep denied the charges adding that the complainant was willing to withdraw the charges and settle the matter out of court.
Prosecutor Geoffrey Obiri objected and instead advised the court to have a restraining order so as to stop communicating with the complainant.
In the year 2018, President Kenyatta assented to The Computer Misuse and Cyber crime Act 2018 which made it a crime to post certain images on the Internet without consent intended to cause emotional distress commonly known as ‘Revenge Porn’.
This is the sharing of private, sexual materials, either photos or videos, of another person without their consent and with the purpose of causing embarrassment or distress. The Act under section 37 which creates the offence explains that;
A person who transfers, 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 offence and is liable, on conviction to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding two years or both.
The offence applies both online and offline and to images which are shared electronically or in a more traditional way so includes the uploading of images on the internet, sharing by text and e-mail, or showing someone a physical or electronic image.
Sandeep was released on a 30 thousand shillings cash bail and his case will be heard again of third of September.