This archive report was first published on 4 August 2019.
A 14-year-old girl, identified as FAM, has filed a case that has brought the age-old debate on lowering the age of consent back to the forefront. The case, which has sparked concerns about children's rights and the treatment of minors who engage in illicit sex, has highlighted the need for clarity on the legal provisions surrounding minors who engage in consensual sex.
According to court documents, FAM argues that she does not support lowering the age of consent but is opposed to the ill treatment of child offenders who engage in consensual sex. She believes that girls under the age of 18 are likely to suffer early pregnancies and disruption of education if the age of consent is lowered.
However, FAM's case has also brought to light the issue of children being treated as adults in court. She argues that it is against the rights of children to be treated as adults and that age-appropriate measures should be prescribed for child offenders.
Statistics from Kodiaga Prison in Kisumu reveal that out of 835 males convicted for sexual offences, 32 are young men who have transitioned in jail from being minors to 18 years. The statistics also show that all the teens in Kodiaga are serving at least 30 years sentence.
Justices Roselyn Nambuye, Daniel Musinga, and Patrick Kiage, in a previous ruling, sparked the debate on whether the country should review the Sexual Offences Act to lower the age of consent to 16 years. They argued that the lengthy jail terms imposed on young men convicted of defilement were unjust and that the debate on lowering the age of consent was long overdue.
However, FAM argues that children engaging in sex should not be construed as consenting but engaging in a risky behavior. She believes that children engaging in risky behavior like sex ought to get guidance and protection from parents, guardians, and the State.
