Question of Morality as Kenyan Court Rules Alleged Distributors of Explicit Content 'Were Within Confines of Law'

Kenya, 21 October 2025 - A question of morality has popped up after Kenya’s High Court ruled that sharing pornographic content is not a crime, awarding KSh 4.8 million to filmmakers unlawfully arrested and harassed by police.

In a groundbreaking ruling, the court clarified that sharing explicit content commonly referred to as pornography is not classified as a criminal offense under Kenyan law.

This ruling is in favour of a group of filmmakers and students, who were unlawfully arrested, harassed, and extorted by police officers.

The court, presided over by Justice Florence Muchemi, awarded a total of KSh 4.8 million in compensation to the victims.

The judgment found that the officers involved had grossly violated the constitutional rights of the petitioners through illegal raids, unlawful detentions, and physical assault.

The legal dispute stems from repeated raids conducted by officers from Juja Police Station at the home of filmmaker Dick Ouko in 2022 and 2023.

Ouko operates an animation studio from his residence and claimed the harassment began after he declined to pay bribes demanded by law enforcement officials.

Court records show that the first incident occurred in November 2022 when two officers visited Ouko, demanding that he produce business licenses and warning of arrest if he failed to comply.

When he refused, the officers allegedly confiscated his filming equipment and demanded KSh 10,000 in cash for his release.

The situation escalated in May 2023 when a group of 14 officers stormed Ouko’s premises without a warrant. They seized computers, phones, and arrested him along with six of his colleagues on accusations of “sharing pornographic content.”

The group was held for three days before being granted release on a collective bail of KSh 100,000.

They were supposed to be arraigned appear in a Thika court on May 23, 2023, but the trial never went forward.

Justice Muchemi stated that the arrests were not only unlawful but also lacked any legal basis.

The officers failed to provide search warrants or proper justification under the Computer Misuse and Cybercrimes Act or the Penal Code.

The ruling also highlighted the destruction of studio equipment, some worth millions, as a blatant violation of privacy and property rights.

Photos submitted by the petitioners showed damaged devices and bruises reportedly sustained during the arrest.

The court also saw bank statements allegedly proving attempted extortion.

The filmmakers were reportedly producing an animation project for a government tender when the incidents took place. Their equipment was seized and destroyed during the raids, severely disrupting production.

Justice Muchemi emphasized that the supposed crime, sharing pornographic material, does not exist in the country’s criminal code. She clarified that being in possession of such content is not illegal unless it involves minors or falls under specific classifications such as obscenity under public decency laws.

She ruled that since the offense was not recognized under Kenyan statutes, detaining the filmmakers was unconstitutional and amounted to an abuse of police powers.

"The arrest was illegal, and no valid complaint had been filed," she said.

The court awarded KSh 3.6 million for breach of fundamental rights, KSh 1 million for business losses, and an additional KSh 200,000 for emotional distress and injuries.

The ruling noted that the actions of the officers were driven by retaliation and corruption rather than law enforcement.

In its defense, the Office of the Inspector General denied that the officers acted improperly but failed to provide evidence to support their claims.

Separately, the Independent Policing Oversight Authority (IPOA) confirmed it had looked into the matter and concluded that the police violated several constitutional protections.

IPOA recommended that the complaint be forwarded to the Director of Public Prosecutions (DPP).