Police in Pangani arrested several TikTok content creators on Tuesday, January 20, 2026, following allegations of harassing pedestrians and women to create online content.
The suspects reportedly targeted women along General Wariungi Street in Kariokor, as well as in Eastleigh, Pangani, and Muthaiga. The arrests came after mounting public complaints regarding prank videos that involved intimidating or non-consensual filming of unsuspecting citizens.
The suspects are expected to be arraigned in court on Wednesday to face multiple charges as investigations continue.
Constitutional implications
Under the Constitution of Kenya (2010), specifically Article 31, every person has a fundamental right to privacy. This right includes protection against:
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The search of their person, home, or property.
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The seizure of their possessions.
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The unnecessary revelation of information relating to their family or private affairs.
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The infringement of the privacy of their communications.
Filming individuals without their explicit consent for commercial or public entertainment purposes often constitutes a direct violation of these constitutional protections, especially when the content involves private affairs or causes public embarrassment.
Potential charges under Kenyan law
The content creators may face a variety of criminal charges under the Penal Code and the Computer Misuse and Cybercrimes Act.
- Offensive Conduct Conducive to Breaches of Peace: Any person who uses threatening, abusive, or insulting words or behaviour in a public place with the intent to provoke a breach of peace, or where such a breach is likely to be committed, commits an offence.
- Intimidation and Molestation code criminalises acts intended to cause alarm to another person or to force them to do (or not do) something they are legally entitled to. Conviction under this section can lead to imprisonment for up to three years.
- Common Nuisance defines a common nuisance as an act that causes common injury, danger, or annoyance to the public in the exercise of common rights. Furthermore, the Nairobi City County prohibits acts on public roads that cause injury or obstruction to persons using public places.
- Cyber Harassment law says that it is an offence to willfully communicate material that is likely to cause apprehension, fear of violence, or is grossly offensive in nature. This charge is particularly relevant when the footage of the harassment is uploaded to platforms like TikTok. Penalties can be severe, including fines of over 10 million or imprisonment of over 5 years.
Conclusion
While digital content creation is a growing industry in Kenya, the law remains clear that individual rights and public order must be respected. The arrest of these creators serves as a reminder that content does not grant immunity from the laws governing privacy and public conduct.
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