A High Court in Machakos has awarded a married woman Sh2.5 million in damages after ruling that a man took and circulated her nude photographs without her consent, infringing on her constitutional rights to dignity and privacy.

Justice Rhoda Rutto delivered the judgment on November 3, 2025, finding the man responsible for facilitating the distribution of the intimate images on social media platforms including WhatsApp and Facebook. The court awarded Sh2 million in general damages and Sh500,000 in exemplary damages, and issued a restraining order preventing further sharing of the photos.

Case Background

The woman testified that she knew the man personally and that he took the nude photos without her permission. She only discovered the images circulating online after receiving calls and screenshots from acquaintances. The exposure subjected her to public ridicule, psychological distress, and ultimately contributed to the breakdown of her marriage, forcing her to relocate with her children.

She cited violations of Articles 28 and 31 of the Constitution, which protect dignity and privacy. The man denied sharing the photos and claimed he was hospitalized during the time of circulation, arguing that the images also included himself, making deliberate sharing unlikely.

Court Findings

  • The court admitted electronic evidence despite the absence of a formal certificate, noting the man did not dispute that the photos depicted both parties or that he possessed them.
  • Medical records showed hospitalization but did not prove incapacity to access social media.
  • While direct proof linking the man’s accounts to the circulation was lacking, the court found it improbable the images would have been made public without his knowledge or involvement.
  • The man’s failure to explain how the photos disseminated from his possession weighed against him.

Justice Rutto emphasized the serious harm caused by the digital spread of intimate images, justifying a substantial damages award to compensate the woman and deter similar violations.

Outcome

The court declined to order a public apology but prohibited the man and any associates from further distributing the photos. The total damages of Sh2.5 million include compensation for psychological trauma and exemplary damages for reckless conduct.

This ruling highlights the judiciary’s stance on protecting individuals’ privacy and dignity in the digital age, especially regarding non-consensual sharing of intimate content.