Kenya’s digital evolution has led to an economic model powered by fintech, online shopping, and data advancements. However, beneath the positive outlook of “Silicon Savannah,” technology has turned into a tool used by sexual offenders.

A recent policy paper from Equality Now, titled “Not Just Online: Tackling Sexual Exploitation and Abuse in Both Digital and Real-World Settings in Kenya,” highlights how online sexual exploitation has surpassed the nation’s legal frameworks.

The report highlights that with Kenya’s digital economy growing rapidly, deficiencies in cybercrime enforcement and support for victims risk eroding user trust and investor assurance. “Sexual exploitation and abuse are now taking place in both online and offline environments, with offenders leveraging technology to enable, increase, and hide their actions,” the report states.

These offenses currently flourish in encrypted messaging apps, social media, and mobile payment systems that are challenging to track and control.

Kenya’s Sexual Offences Act (2006) and the Computer Misuse and Cybercrimes Act (2018) were groundbreaking at the time of their introduction. However, neither legislation foresaw the complexity of current digital abuse, such as AI-created deep fakes and the use of cryptocurrency for network extortion.

What Africa needs to do to safeguard its children from sexual abuse, Anthony Muiyuro, East African Regional Director of IT Infrastructure at Syntura Group, states that Kenya is facing “a gap between the pace of innovation and the development of laws.” “Technology advances more quickly than policy. We are creating interconnected systems every day, but the laws designed to protect users are still years behind the dangers they encounter,” he mentions.

Although the Acts make cyber harassment and misuse of data illegal, they still view online abuse as a continuation of physical crime.

Mr. Muiyuro states that without flexible policies, law enforcement agencies are trapped pursuing past offenses while criminals develop new tactics instantly.

The National Computer and Cybercrimes Coordination Committee (NC4) of Kenya was set up under the 2018 Act to manage the country’s cyber-response efforts. However, Mr Muiyuro points out that the system still faces challenges in integrating different agencies. “We have solid laws on paper but lack effective operational cooperation. NC4, the Communications Authority, and law enforcement operate separately. When cybercrimes happen, this lack of coordination causes delays in collecting evidence and weakens legal proceedings,” he explains.

He contends that inadequate coordination between agencies, conflicting responsibilities, and limited resources have resulted in “a compliance theater where systems appear effective on paper but produce minimal practical outcomes.”

The Equality Now report highlights that instances of digital exploitation frequently fail because of insufficient evidence preservation and the absence of forensic skills. “Survivors face increased harm when justice systems are disjointed, laws are obsolete, and cultural norms prevent victims from speaking out,” it mentions.

Managing digital evidence is a time-sensitive task because data can be erased, encrypted, or stored overseas within seconds. Kenya is involved in Mutual Legal Assistance Treaties (MLATs) that assist with international data requests, but the administrative processes involved make them slow.

The report advocates for improving cross-border cooperation and implementing frameworks such as the Malabo Convention on Cybersecurity. It suggests that African nations enhance their collaboration to prevent offenders from exploiting jurisdictional loopholes. Provided by SyndiGate Media Inc.Syndigate.info).

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