Safeguarding Children in the Digital Age; What the law says

The internet has revolutionized access to information, education, and social interaction. For children, it has opened new spaces for learning, creativity, and connection.

However, this digital exposure also presents significant risks ranging from cyberbullying and online grooming to child sexual exploitation and harmful content.

In Kenya, the law recognizes the vulnerability of children and provides multiple layers of protection under the Constitution, the Children Act, and the Computer Misuse and Cybercrimes Act.

The Constitution of Kenya, 2010 establishes a strong foundation for child protection. Article 53(1)(d) guarantees every child the right to protection from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment, and hazardous or exploitative labour.

Article 53(2) provides that a child’s best interests are of paramount importance in every matter concerning the child.

This constitutional framework ensures that online safety is not merely a policy issue, but a constitutional right tied to dignity, protection, and best interests.

The Children Act, 2022 modernizes child protection by explicitly recognizing digital-era challenges. Section 22(3) (c) prohibits psychological abuse and child abuse through online abuse, harassment or exploitation whether in social networks, online gaming, by use of mobile phones or any other electronic devices.

The Act imposes an imprisonment for a term not exceeding ten years, a fine not exceeding two million shillings or both should a person be found guilty of online cyber bullying, cyber enticement, rooming and cyber stalking or harassment targeting the minors.

The Act also recognizes children’s evolving capacities and their right to be heard, which extends to their participation in digital spaces.

By imposing duties on both individuals and institutions, the Act underscores that online safety is a shared responsibility.

The Computer Misuse and Cybercrimes Act criminalizes conduct that directly threatens children online. Child pornography (Section 24): It is an offence to produce, publish, distribute, or possess child sexual abuse material (CSAM).

Convictions attract fine of twenty million and imprisonment for a term not exeeing twenty five years or both.Cyber harassment (Section 27): Protects children from online bullying, intimidation, and threats.

Identity theft and impersonation (Section 17): Safeguards against fake accounts and digital grooming tactics. These provisions create legal deterrents while empowering enforcement agencies to prosecute online crimes targeting children.

Despite the strong legal framework, criminal exploitation of children online persists.

Online Grooming: Predators often pose as peers or mentors, exploiting children’s trust to lure them into exploitation. Child Sexual Exploitation Materials (CSEM): Distribution of such content fuels global criminal networks, where Kenya has unfortunately been both a source and transit point.

Cyberbullying: Often underestimated, cyberbullying can cause deep psychological harm, sometimes with fatal consequences. The transnational nature of cybercrime complicates enforcement, requiring regional and international collaboration.

While Kenya’s legal instruments are robust, enforcement challenges persist, including limited investigative capacity, underreporting, and low digital literacy among parents and guardians.

1. Strengthen Law Enforcement: Specialized cybercrime units should be better resourced and trained.

2.  Parental Engagement: Parents must take an active role in monitoring digital usage and educating children about risks.

3. Public Awareness Campaigns: Continuous sensitization on safe internet use is necessary, particularly in schools and communities.

4. Regional and International Cooperation: Since online crimes transcend borders, collaboration with global enforcement agencies is crucial.

Child protection in the digital age is not optional it is a constitutional, statutory, and moral duty. The Constitution, the Children Act, and the Computer Misuse and Cybercrimes Act jointly create a framework for safeguarding children online.

However, these laws are only as effective as their enforcement. A multi-stakeholder approach by bringing together government, civil society, parents, educators, and children themselves is key to ensuring that the digital space becomes a zone of opportunity, not vulnerability, for the Kenyan child.