James Opande, the man who has been accused of illegally recording a woman identified as Marion Naipei could spend up to 10 years in jail if found guilty.
This is according to Nairobi lawyer Danstan Omari who warning that the act could even attract harsh penalty.
On January, 18, 2026 Omari used his daily online sessions to explain about Opande and Marion’s case that has been trending on social media.
The video in which the man said to be Opande was seen indecently touching Marion Naibei while she was drunk in a club was leaked online eliciting mixed reactions among Kenyans.
However, Omari explained that both Marion and Opande could move to court to seek damages based on the weight of their arguments.
“If Marion goes to the constitutional court for violations, I’m certain she’ll be paid more than 50 million shillings for that violation of the constitution,” explained Omari
“Can Opande sue? Yes, Opande can sue her for fare. Courts are pronounced that if you are sent fare for a particular purpose which you don’t do, that forms a civil debt. So, Opande can sue and probably get 150 shillings or 200 shillings that she paid for fare,” the advocate added
The advocate explained that Opande paid Marion’s fare thus he can sue for the recovery of the amount he used on the transport and drinks adding that the law does not make that an offense, neither does it make it a civil debt.
“So, he cannot get anything if he sues that he bought her food and he bought her a drink. Why? These are defined as gratuitous gifts. Gifts to a lady cannot be recovered,” he added
Omari noted another issue was the allegations by Marion that Opande allegedly gave her a white substance.
For this reason, he said that the DCI will take forensics of the lady, check the blood samples of the lady, if it was a stupefying ingredient to make her lose her ability to control herself.
If this is true, the advocate said Opande will have committed an offense called applying a substance for the purpose of stupefying somebody under the Sexual Offenses Act.
“If found true to have committed that offense, he’ll go in for a duration of not less than 10 years for stupefying and this is a warning to anybody who wants to spike a drink of her partner or a drink of anybody,” Omari caution
Adding that, “It’s a serious offense under the Sexual Offenses Act. Fifth, after she was stupefied, she was asked for sex with a twosome or threesome,”
