Sharing another person’s private photographs without their permission can have legal and financial consequences, especially when the images are circulated publicly and cause harm to the person involved.
A High Court judgment delivered in November 2025 awarded Ksh2.5 million to a woman whose intimate photographs were circulated without her consent.
The judgment, delivered by the High Court in Machakos, involved a man who denied responsibility for the circulation of the photographs, arguing that there was no direct evidence linking him to the social media accounts used to publish them.
The woman told the court that the photographs were taken during a private encounter but were later circulated on social media without her consent.
She said she began receiving calls and screenshots from people who had seen the photographs after they were shared publicly.
According to her evidence, the circulation caused her embarrassment, humiliation and emotional distress. She also presented screenshots and other electronic material to support her claim.
The man denied sharing the photographs. He argued that there was no conclusive evidence showing that his WhatsApp or Facebook accounts were used to publish the images.
He also told the court that he had been hospitalized during part of the period when the photographs were allegedly circulated.
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Court Considers How the Photos Reached the Public
The court considered the fact that the man did not deny taking the photographs.
The judge noted that the intimate images had been in his possession, but he did not provide a satisfactory explanation of how they eventually reached the public.
The court also considered the electronic evidence presented by the woman, including screenshots showing the circulation of the photographs, but the man challenged the evidence, arguing that it did not meet the requirements for electronic evidence under the law.
However, the court found that the absence of a certificate was not fatal in the circumstances of the case. It determined that the authenticity of the electronic material had otherwise been sufficiently established.
Although there was no direct electronic evidence proving that the man’s WhatsApp or Facebook account was used to publish the photographs, the court considered the wider circumstances surrounding the case.
It found that the man had failed to give a credible explanation of how the private photographs left his possession and ended up in the public domain.
Court Finds Violation of Privacy and Dignity
The High Court found that the circulation of the woman’s intimate photographs without her consent violated her constitutional rights to privacy and human dignity.
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The court considered the effect the circulation had on her after the photographs became publicly available.
She told the court that the incident exposed her to embarrassment, humiliation and emotional distress, while evidence presented in the case showed how the images had been circulated among other people.
The woman had sought Ksh20 million in damages, arguing that the violation of her rights and the consequences of the circulation warranted substantial compensation.
After considering the circumstances of the case, the High Court found the amount sought excessive and awarded the woman Ksh2 million in general damages for the violation of her rights.
The court further awarded Ksh500,000 in exemplary damages, bringing the total compensation to Ksh2.5 million.
Beyond the monetary award, the court ordered the man to pay the costs of the proceedings and interest.
It also issued an order restraining him, his agents, or anyone acting on his behalf from publishing, sharing, or distributing the photographs in the future.
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