In the age of social media, it’s easier than ever to post something online—about an ex, about a relationship, or private matters. But what happens if what you post is false or misleading? In Kenya, engaging in this activity can result in serious legal consequences.
Under the Computer Misuse and Cybercrimes Act, 2018 (CMCA), publishing false info is an offence that carries heavy penalties. This article explains exactly what the law says, what behaviour might cross the line, examples of posts that could get you in trouble, and what to do if you’re caught.
What the Law Actually Says
Two key sections of Kenya’s CMCA are relevant:
- Section 22 – False Publications:
This deals with deliberately publishing false, misleading, or fictitious data (online or otherwise), or misinforming people with the intent that what is published be taken as real/authentic.
Penalty: fine not exceeding Ksh 5 million, or imprisonment for up to 2 years, or both. - Section 23 – Publication of False Information:
More serious. This is when someone knowingly publishes false information via print, broadcast, data, or computer system, which either causes or is calculated to cause panic, chaos, or violence among Kenyan citizens, or is likely to discredit (damage the reputation of) a person.
Penalty: on conviction, a fine of up to Ksh 5,000,000 OR imprisonment for a term not exceeding 10 years, or both.
So, when one posts false info about an ex that is likely to discredit them, that could fall under Section 23.
Key Elements the Prosecutor Must Prove
To be found guilty under Section 23, the following must be established:
- The information published is false.
- It was done knowingly (you knew, or reasonably ought to have known, it was false).
- It was published through various media, including social media, print, email, broadcast, etc.
- The false info either results in panic/chaos/violence, or is likely to damage the reputation (discredit) of a person.
- That there is a causal link: the publication must have the potential (or actual effect of discrediting or causing harm.
If any of those is missing, the case may fail (for instance, if you believed it was true and had no reason to doubt).
What Counts as “False or Misleading Information” About Your Ex
Below are examples of posts about an ex that could be problematic under this law. Not all false statements are equal; context matters (intent, medium, reach, harm).
| Post Type | Why It Might Be Illegal / Risky |
|---|---|
| Claiming your ex committed a crime (e.g,. “He stole money,” “She cheated on taxes”) when it’s untrue | Discredits their reputation; false criminal allegations are serious. |
| Claiming your ex committed a crime (e.g. “He stole money,” “She cheated on taxes”) when it’s untrue | Can cause stigmatisation; very damaging. |
| Posting pictures or videos manipulated or taken out of context, claiming sexual wrongdoing or immoral behaviour | Could deeply discredit them. |
| Making up personal/financial secrets and accusing them publicly (e.g., “He took all my money,” or “She gambled away family inheritance”) when not true | Grave damage to trust and reputation. |
| Spreading false rumours (death, illness, affair) about your ex in group chats or social media with wide sharing | Even rumours can qualify. |
| Reposting something false you saw elsewhere without verifying | Because “knowingly” might include “recklessly disregarding the truth.” |
Real-Life Hypotheticals / Examples
- Example 1: Jane breaks up with John. Out of anger, she posts on Facebook that John physically abused her — knowing this didn’t happen. John could sue under Section 23: false information likely to discredit.
- Example 2: After the breakup, Mark tweets that his ex-partner contracted HIV from a cheating relationship, though this is not true or proven. That is false and could discredit.
- Example 3: Sarah shares an old photo of someone else misbehaving, claiming it is her ex. That is false identity/misleading content.
- Example 4: Mike spreads a rumour in a WhatsApp group that his ex is under investigation for corruption (not true). Even though a small group, if circulated enough, could lead to legal action.
Penalties: What You Might Face
If convicted under Section 23:
- A fine of up to Ksh 5,000,000; OR
- Imprisonment for up to 10 years; OR
- Both fine and imprisonment.
If the false info falls under Section 22 (less serious, maybe no intent to discredit but just misleading data), penalties are less severe (fine up to Ksh 5M, up to 2 years in jail) depending on facts.
Legal Defences & What May Save You
There are circumstances under which a person might escape liability or reduce it:
- Truth: If what you posted is true, you have a defence. You must be able to prove it.
- Lack of Knowledge / Belief: If you reasonably believed it to be true and had no reason to suspect otherwise.
- Public Interest / Fair Comment: Sometimes statements on matters of public interest can be defended if made with honest belief.
- Retraction / Apology: After the fact, admitting error may mitigate damage, though not necessarily remove criminal liability.
Enforcement & Real Cases
- The law has been used in relation to COVID-19 misinformation, e.g., people arrested for publishing false or alarming information related to the coronavirus.
- Bloggers and social media users have been summoned or charged under Section 23 for false statements.
- The law is enforced by the police, prosecutors (Office of the Director of Public Prosecutions, ODPP), and courts. Investigations often begin with complaints by the person allegedly defamed or discredited.
What to Do Before Posting: Best Practices
To avoid falling foul of the law, especially when talking about relationships or ex-partners:
- Verify your facts — check your sources, get proof.
- Avoid exaggeration or claims you can’t support.
- Think about consequences — how widely will this be seen? Will it damage someone’s reputation?
- Use cautious language — phrases like “allegedly”, “to my knowledge”, “I believe” when you are not 100% sure.
- Consider privacy — do you have the right to share certain info?
- Consult legal advice if you know the stakes are high, or if someone has threatened legal action.
Possible Criticisms / Issues
- The law is seen by some as vague, especially about what exactly counts as “likely to discredit” someone, which may lead to self-censorship.
- The burden of proof is high (for the prosecutor) because they must show knowledge of falsity beyond a reasonable doubt.
- Free expression concerns: Sometimes, people worry that honest opinions or harsh criticism might be construed as false information. Context matters.
What Happens If You’re Charged
- The person who feels harmed can report you to the police, lodge a complaint.
- Police investigate, gather evidence, and statements.
- The prosecutor from ODPP decides whether to charge based on the evidence.
- If charged, you go to court. You need to defend the charge.
- If convicted, penalties as above. Could also face civil suit for defamation, alongside or separate.
Conclusion
Posting false information about an ex isn’t just messy or unethical — in Kenya, it can be criminal. Whether it’s a lie about behaviour, wrongdoing, health, or anything else that harms reputation, the law can penalise you severely: up to a Ksh 5 million fine, 10 years in jail, or both.
Always think before you post. If you’re not sure, don’t share. If you are accused, collect evidence, get legal help, and consider a correction or apology.
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