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Protecting Children: Why the Age of Consent Should Remain 18

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 27 August 2019.

On August 27, 2019, a disturbing case came to light in a village in Kenya, where a 15-year-old girl was impregnated by a married community leader. The community's response was telling, with many villagers choosing to remain silent rather than condemn the perpetrator.

The girl's situation is a stark reminder of the need to protect children from abuse and exploitation. However, some in Kenyan society are pushing for the age of consent to be lowered from 18 to 16. This move is misguided and would only serve to further endanger children.

Article 53 of the Constitution of Kenya provides that every child has the right to be protected from abuse, neglect, and violence. This includes protection from sexual exploitation and abuse. Lowering the age of consent would undermine this fundamental right and put children at greater risk.

As the Community Advocacy and Awareness (CRAWN) Trust has pointed out, reducing the age of consent without considering the best interests of the child would be a flagrant illegality and unconstitutional conduct. It would also contradict the protections guaranteed to children under the Constitution.

As one advocate has aptly put it, 'If we can't protect them at 17, we can't protect them at seven.' This is a stark reminder of the need to prioritize the protection and well-being of children in our society.

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