A stranger is stalking me

Dear Fida Kenya,

There is a man called Muiga who has been harassing me on phone. He calls me names like sweetie and darling. I suspect he is always around my workplace as often he will call me and describe what I am wearing. He says he wants to marry me and has access to my e-mail account and sends forwards of sexual nature. Is there a law that can protect me from this stalker?

Daisy, Westlands.

Hallo Daisy,

You have not indicated how this man obtained your phone number and whether he sends you text messages or calls you from his phone. This information is necessary because under the Kenya Communications (Amendment) Act 2008, the use of electronic gadgets such as mobile phones or computers to send offensive or obscene messages is restricted. If a person is found liable for such an offence, he or she can be fined a sum of Sh300,000 with an alternative of being jailed for a term of three years.

If you were in a working relationship with him and if he is in a position of authority over you, or if he held a public office and you were seeking public services from him, then your query would qualify as a Sexual Harassment Claim under Section 24 of the Sexual Offences Act.

This section emphasises that such a person harassing the victim has to have been persistently making sexual advances or requests, which he or she knows or has reasonable grounds to know are unwelcome to the said victim. In such a claim, you as the victim have to prove that such advances interfere with your work or is creating an offensive working environment for you.

In your case, this person can be charged with committing an offence under the Kenya Communications (Amendment) Act, if found liable of sending you an offensive or obscene messages via his mobile phone or computer. You should report this to the police station so that they investigate and prefer charges against this person. Do also note you can go to court under a civil claim and seek an injunction to restrain him from harassing you or coming to your work place since under the Constitution, your right to your privacy is protected and safeguarded therein.