Kenyans who casually post about their former partners on social media could unknowingly be committing a serious crime that carries heavy penalties. Renowned lawyer Danstan Omari has warned that the offence of false publication under the Computer Misuse and Cybercrimes Act, 2018 is one of the most misunderstood provisions of the law.
According to Omari, many people assume that freedom of expression protects everything they share online. However, the law clearly criminalizes the publication of false or misleading information that is likely to cause harm to another person’s reputation, finances, or security. This means that a simple Facebook post, WhatsApp status, or X (formerly Twitter) thread about your ex could easily land you in legal trouble if the claims are untrue.
What counts as false publication?
False publication includes sharing information you know is false or misleading with the intention of damaging someone’s image. For example, posting that your ex cheated, has HIV, or stole money—without proof—falls squarely under this offence. Even resharing or forwarding false claims can be treated as a crime if it can be shown you acted recklessly.
Penalties for publishing false information
The law is tough on offenders. Anyone found guilty faces a fine of up to Ksh 5 million or a prison sentence of up to 10 years—or both. These punishments are among the harshest cybercrime penalties in Kenya, highlighting how seriously the government treats online misinformation.
Real-life examples
Lawyers point out that several Kenyans have already been charged for reckless online posts, including cases involving defamatory statements against public figures and business rivals. The courts have shown little tolerance for those who claim they were “just joking” or exercising free speech.
Free speech vs. false publication
Omari emphasizes that freedom of expression is protected under the Constitution, but it does not cover spreading lies. He urges Kenyans to think carefully before posting or sharing unverified information online, especially when it involves personal relationships.
📌 Key takeaway: Before hitting “post,” ask yourself—is this true, or could it destroy someone’s life if it’s false? That simple check could save you millions in fines or even a decade behind bars.
