7 years jail term for people with pornographic materials as Nakuru passes tough laws

KENYA: People found selling pornographic materials will now be jailed for seven years or fined Sh500,000 or both, following the passing of an anti-pornographic bill by the local assembly.

The County Anti-Pornography Bill, which is awaiting assent by Governor Kinuthia Mbugua, contains tough measures for a person who sells, hires out, distributes or publicly exhibits obscene material that can corrupt morals. The new law prohibits locals from staging or participating in a public performance or act, which is obscene in nature or contravenes acceptable norms of public morality.

The new law allows county enforcement officers to search any premises which they believe is being used for production or sale of pornographic material without a warrant.

The officers can also seize any device or equipment used in production of the offensive material and arrest any person believed to be involved in the activity.

Obstructing the officers while they are enforcing the proposed law will earn you five years in prison. The county government says the bill does not limit any fundamental rights and freedoms as it only seeks to penalise the production, printing, publication, importation, sale and distribution of obscene and pornographic materials.

Upon conviction, devices and other equipment confiscated from the offenders will be forfeited to the county government. The bill has drawn mixed reactions from residents with some supporting it while others claim it interferes with their freedoms as enshrined in the Constitution.

"It is a draconian legislation. Why should it try to limit our freedom? It should protect those under the age of 18 from obscene material and not adults," Mark Kibe, a resident said.

Some residents said the law is long overdue owing to proliferation of pornographic material in the town.