Addressing transnational online child sexual abuse and exploitation in Kenya: a systems-based approach

Abstract

This research project examines the pervasive and evolving issue of OCSEA in Kenya, focusing on the legal, institutional, and technological frameworks designed to combat this transnational crime. The study’s primary objectives are to explore the application of systems theory in strengthening child protection systems, investigate the role of the best interest of the child principle in addressing OCSEA, and evaluate Kenya’s legal and institutional frameworks in combating this crime. The research employs a doctrinal legal methodology, analysing primary and secondary legal sources, including international treaties, national legislation, and institutional policies, to identify gaps and propose improvements. The scope of the project encompasses the analysis of Kenya’s legal framework, including the Children Act 2022, the Sexual Offences Act, the Computer Misuse and Cybercrimes Act, and the Data Protection Act, alongside institutional mechanisms such as the AHTCPU and the Communications Authority of Kenya. The study also evaluates the role of private ICT companies, such as Google and Meta, in combating OCSEA through technological innovations and content moderation policies. The findings reveal significant gaps in Kenya’s legal and institutional frameworks, particularly in addressing the transnational nature of OCSEA. Key challenges include the lack of ratification of critical international treaties like the OPSC and the Malabo Convention, fragmented institutional coordination, and the susceptibility of corporate policies to political pressures. Despite robust legislative provisions, underreporting, resource constraints, and the rapid evolution of digital technologies hinder effective enforcement. The study concludes with recommendations for a holistic, child-centred approach to combating OCSEA. These include formalising and expanding the Technical Working Group on Child Online Protection, ratifying key international treaties, enhancing cross-border collaboration, and integrating the best interest of the child principle into corporate policies. By adopting a systems-oriented approach, Kenya can strengthen its child protection systems, enhance accountability, and create a safer digital environment for children.