Public condemnation continues to mount following the alleged unauthorized recording and online circulation of a private video involving 22-year-old Marion Naipei, a case that has reignited national debate on data privacy, consent, and gender-based violence (GBV) in the digital age.
The controversy centers on James Opande, who is accused of recording Naipei without her consent and allowing the video to surface on social media platforms.
The incident has drawn sharp criticism from members of the public, celebrities and political leaders many of whom have described the act as a form of online gender-based violence, citing the emotional, psychological, and reputational harm caused to the victim.
Taking to her X account fomerly twitter, on 17th Jan 2026, nominated senator Gloria Orwoba tweeted;
“There is a name for what James Opande, the USA based medic, did to that lady. The name is Gender Based Violence. (1)” She wrote.
“James recorded her without consent, James undressed her without consent, James distributed the recordings without consent. James is as guilty as a rapist. James should be arrested, charged and convicted under the Sexual Offences Act. Period. (3)” She concluded.
On 19th of Jan 2026, digital creator and entrepreneur Amberay, taking to her Instagram stories, also condemned the act.
‘Whatever I saw wasn’t just a video, it was a reminder of how unsafe the world still is for women. A woman in a vulnerable state is not a joke, she is not “content “. She is not a lesson to be learned the hard way.” Amberay wrote
“When someone records a woman who cannot defend herself. When they touch her, laugh at her, that is not drunkenness at play, that is character. That is entitlement, that is violence dressed up as entertainment.” She emotional added,
Government and leaders step in
In a significant development, Opande’s passport has reportedly been flagged, effectively preventing him from travelling outside the country as investigations continue.
Authorities have also issued a warning to members of the public to stop sharing or reposting the video, stating that doing so amounts to further violation of Marion’s privacy and may attract legal cosequences.
Taking to her X account, Cabinet Secretary for Gender, Culture, and Children Services Hanna Wendot Cheptumo gave the warning.
Legal framework: What the law says
The case has placed renewed focus on Kenya’s Data Protection Act, 2019, which was enacted to operationalise the Right to Privacy under Article 31 of the Constitution of Kenya (2010).
Article 31 guarantees every person the right not to have:
- Their private or family information unnecessarily revealed, and
- The privacy of their communications infringed.
The Data Protection Act, 2019 defines key legal terms, including:
- Personal Data—Any information that identifies a person, such as images, videos, phone numbers, or private messages.
- Data Subject—The individual whose personal data is being processed.
- Consent—A clear, informed, and voluntary agreement by a person to allow their data to be collected, recorded, or shared.
Under the law, collecting, recording, or distributing personal data without consent is unlawful unless justified by public interest or legal obligation.
Possible Legal consequences
If found culpable, Opande could face:
- Criminal charges for unlawful recording and distribution of personal data
- Fines or imprisonment under provisions of the Data Protection Act, 2019
- Civil lawsuits for damages related to emotional distress and reputational harm
- Court orders barring further distribution of the content
- Additional charges under laws addressing cybercrime and harassment
Legal experts note that individuals who continue to share the video may also be held liable for aiding in the violation of privacy, even if they were not involved in the original recording.
A broader digital rights conversation
The case has sparked widespread discussion on ethical conduct in the digital space, particularly the responsibility of social media users to respect privacy and consent.
Advocacy groups have called for stronger digital literacy campaigns to educate the public on the legal risks of sharing private content.
As investigations continue, the Marion Naipei case is increasingly being viewed as a landmark moment in Kenya’s fight against digital exploitation and online gender-based violence, underscoring the need to balance technology use with respect for human dignity and constitutional rights.
