ADVOKS GLOBAL · KENYA
Computer Misuse and Cybercrimes
24. Child pornography
Edition: 2025-11-04 · In force
24. Child pornography
(1)A person who intentionally—(a)publishes child pornography through a computer system;(b)produces child pornography for the purpose of its publication through a computer system;(c)downloads, distributes, transmits, disseminates, circulates, delivers, exhibits, lends for gain, exchanges, barters, sells or offers for sale, lets on hire or offers to let on hire, offers in another way, or make available in any way from a telecommunications apparatus pornography; or(d)possesses child pornography in a computer system or on a computer data storage medium,commits an offence and is liable, on conviction, to a fine not exceeding twenty million or to imprisonment for a term not exceeding twenty five years, or both.(2)It is a defence to a charge of an offence under subsection (1) that a publication which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, art, representation or figure is in the interest of science, literature, learning or other objects of general concerns.(3)For purposes of this section—"child" means a person under the age of eighteen years;"child pornography" includes data which, whether visual or audio, depicts—(a)a child engaged in sexually explicit conduct;(b)a person who appears to be a child engaged in sexually explicit conduct; or(c)realistic images representing a child engaged in sexually explicit conduct;"publish" includes to—(a)distribute, transmit, disseminate, circulate, deliver, exhibit, lend for gain, exchange, barter, sell or offer for sale, let on hire or offer to let on hire, offer in any other way, or make available in any way;(b)having in possession or custody, or under control, for the purpose of doing an act referred to in paragraph (a); or(c)print, photograph, copy or make in any other manner whether of the same or of a different kind or nature for the purpose of doing an act referred to in paragraph (a).