Cyber harassment ranks among Kenya’s most urgent cybercrimes, amplified by ubiquitous platforms such as WhatsApp.
Under Section 27 of the Computer Misuse and Cybercrimes Act, 2018 (as amended in 2024 and 2025), the law criminalises willful electronic communication that induces fear of violence, psychological harm, or property damage.
This includes sending grossly offensive or indecent messages, content and stalking.
“Section 27 has a broad reach across digital platforms, applying universally to ‘willful’ electronic acts that cause harm. It captures private individuals engaging in repeated threatening messages, bloggers and activists publishing inflammatory content, public figures, and even State actors such as rogue officials,” says lawyer Essendi Kenneth.
Corporate exposure is also significant, as employees who harass others using workplace devices may subject their employers to investigations, while service providers are often compelled to disclose user data during enforcement processes.
“WhatsApp exemplifies this breadth, covering direct messages, group chats, and even anonymous or pseudonymous accounts, with group administrators potentially bearing liability for failing to moderate illegal content such as hate speech or threats, effectively positioning them as gatekeepers,” he adds.
In workplace contexts, explicit or inappropriate messages sent to colleagues can amount to cyber harassment, while Section 23 complements this framework by penalising the spread of false information on WhatsApp, with penalties of up to Sh5 million in fines or ten years’ imprisonment, particularly where misinformation fuels harassment.
The recent amendments have significantly strengthened enforcement, with primary offences under Section 27 now attracting fines of up to Sh20 million, imprisonment for up to ten years, or both, penalties applicable to threats, stalking, and indecent content shared on platforms such as WhatsApp.
Secondary violations also carry weight, as disobeying restraining orders can result in fines of up to Sh1 million, six months’ imprisonment, or both, while prosecutors increasingly rely on digital evidence such as IP traces and metadata, and courts may compel platforms such as WhatsApp (Meta) to release user data.
“Civil remedies provide faster relief for victims, with courts empowered to issue interim restraining orders to halt contact or prevent further harassment, allowing early disruption of ongoing campaigns.
However, enforcement often prioritises severe cases, such as gender-based violence, political smear campaigns, and high-profile disputes, due to limited resources. Data from the Directorate of Criminal Investigations indicates a rise in reported cases, with successful prosecutions, particularly in stalking matters, improving victim confidence in the system,” states Essendi.
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