From 'sex-for-fish' to tenders, women face demands for sex, while legal gaps leave predators untouched
Sextortion: Emily*, a businessperson, says she has never slept with anyone for business, but that stance has cost her multiple bids.
What you need to know:
- Women describe widespread “sextortion,” where sexual favours or money are demanded for essentials.
- Parliament recently rejected a petition to explicitly criminalise sextortion, saying existing laws are sufficient.
Agnes* did not know how tough the fish trading business would be when she joined Nyamware beach in Kisumu County in 2008.
For days, she woke up early to buy fish from the fishermen, but none were willing to sell to her. Out of frustration, she asked another woman who consistently secured supplies how she managed.
The trick?
“She told me they only got the fish because they had no choice but to sleep with the fishermen,” she said.
Agnes soon realised she had no choice either. She “captured one” fisherman and her supplies began to flow. But whenever she was tired and unwilling, he withheld the fish.
Six years later, the man died. Rumours swirled that he had succumbed to HIV. Afraid, Agnes went for a test. She was positive. Still, she had to survive, and she moved on to another fisherman.
This exchange of sex for goods or services - not with a public official, an employer, or in school, but with someone holding the power to provide an essential - is not unique to the fishing industry. Its nets are spread far wider.
In 2018, Emily* started a company offering promotional materials and organising corporate events. Her main clients are counties and national government entities. She qualifies for tenders under the Access to Government Procurement Opportunities programme, which reserves 30 per cent of contracts for women, youth, and persons with disabilities.
“But trust me, it’s never easy,” she says.
“Often procurement officers will demand 20 per cent of the total bid. For men, they insist on 20 per cent. For women, they might say, let’s do 18 per cent, but don’t you know how to top up the rest? When you refuse, they go cold on you. That’s the end.”
Not all demand sexual favours, she clarifies, but the 20 per cent cut is non-negotiable.
“They tell you stories of how urgently they need the money; some say they are paying loans to build rental houses or buy land. It’s disgusting, but since you want to stay in business, you just part with the extortion token.”
Emily says she has never slept with anyone for business, but that stance has cost her multiple bids. She says her friend in the industry has lost several contracts too, after refusing procurement officers’ sexual advances.
Predators
This form of extortion is not clearly defined under existing Kenyan law, leaving women and men vulnerable to predators.
“Kenyan law doesn’t explicitly define sextortion. Cases are prosecuted under extortion (Penal Code), abuse of office, sexual harassment (if applicable), or cybercrime provisions,” explains Vivian Mwende, an advocate of the High Court.
From a legal perspective, she defines sextortion as a form of extortion with a sexual dimension - where sexual favours, images, or acts are demanded in exchange for a service, job, grade, opportunity, or to avoid harm.
“It is coercive quid pro quo: ‘sex in exchange for’ or ‘sex or else,’” she states.
Sometimes, sextortion is prosecuted under extortion or blackmail laws rather than sexual harassment.
“If a perpetrator threatens to publish or share intimate photos or videos unless the victim complies with sexual demands, this falls under extortion or blackmail in the Penal Code (Cap 63) – Section 300 (attempts at extortion by threats), Section 299 (demanding by written threats),” she notes.
“The Computer Misuse and Cybercrimes Act (2018) Section 37 also criminalises wrongful distribution of obscene or intimate images.”
However, gaps exist. For instance, quid pro quo outside employment or school settings is difficult to prosecute.
“Since the Sexual Offences Act, 2006, Section 23 on sexual harassment is limited to people in authority or holding public office, private actors may not fit,” she explains.
Where threats are used instead of persistent advances, Kenyan law again falls short.
“Sexual harassment law focuses on persistent, unwelcome advances, yet sextortion often involves a single coercive demand backed by a threat,” Vivian says. “That aligns more with blackmail or extortion.”
She adds that when monetary or property angles are intertwined with sexual demands, courts may interpret sexual favours as a form of “advantage,” which the Penal Code explicitly criminalises if obtained through threats.
For victims, she advises that seeking legal help begins with preserving evidence.
“Do not delete messages, emails, or images, even if they’re distressing. They may be crucial proof,” Vivian advises.
“Take screenshots (with date, time, and sender’s details). Download and save chat histories (WhatsApp, Facebook, Instagram, Telegram, SMS, emails). Preserve metadata if possible. Save voice notes, videos, and call logs. Back up evidence securely so you don’t lose it if your device is damaged or hacked.”
If threats are online, she says, victims should note URLs, usernames, and account IDs. Importantly, they should avoid negotiating, sending more images, or paying money, as this fuels further demands.
“Block the person after preserving the evidence and report to the police - the Directorate of Criminal Investigations, Cybercrime Unit. Report sextortion as a criminal offence: extortion or blackmail under the Penal Code, cyber harassment under the Cybercrimes Act, or sexual harassment depending on context,” she adds.
Sexual favours
Unlike Kenya, some countries explicitly outlaw sextortion. In India’s Jammu and Kashmir, the Criminal Laws (Sexual Offences) (Amendment) Act, 2018 amended the Ranbir Penal Code to define sextortion as abuse of authority or fiduciary relationship to extort or demand sexual favours in exchange for benefits. The law criminalises a wide range of unwanted sexual activities, from suggestive conduct and explicit actions to intercourse, including those over electronic communication.
The punishment is rigorous imprisonment of three to five years plus a fine. Arrests have been made under this law. For example, in October 2022, a man was arrested after luring a girl via a WhatsApp group, sedating her, and forcing her into a sexual relationship.
Kenya came close to a similar legal step. In 2024, Nairobi Woman Representative Esther Passaris, on behalf of concerned citizens, petitioned Parliament to explicitly define sextortion in law. The petition sought amendments to the Sexual Offences Act and related statutes to criminalise sextortion, set penalties, and provide victim support.
The Public Petitions Committee, however, rejected the proposal last week. It argued that existing provisions, including sexual harassment (Section 23), abuse of authority (Section 24), and coercion (Section 43) under the Sexual Offences Act, as well as the Cybercrimes Act of 2018, already cover sextortion. Introducing new provisions, it said, would amount to duplication of the law.
Yet, submissions to the committee painted a different picture. Acting Secretary of the Kenya Law Reform Commission, Peter Musyimi, told lawmakers that sextortion disproportionately affects vulnerable girls and women seeking basic services, such as national IDs, sanitary pads, education, training, or job placements.
He cited examples: sex-for-fish along the coast and lakeshores, women forced into sex to access water in informal settlements, female traders exploited by brokers and market officials, and female politicians targeted with image-based disinformation.
“These examples set out the urgent need for legislative intervention to include sextortion in the Statute Book,” he said.
For now, however, Kenyan women like Agnes and Emily continue to face predators exploiting gaps in the law.
Names changed to protect identity.
