This archive report was first published on 3 December 2019.
Published on December 3, 2019, a report by the Community Advocacy and Awareness Trust (CRAWN Trust) highlighted the widespread misinterpretation of the Sexual Offenses Act in Kenya.
Supreme Court Judge Justice Njoki Ndungu has expressed concerns that lowering the age of consent from 18 to 16 would undo the progress made by the 2006 Sexual Offenses Act, which is currently protecting children and citizens.
During a consultative forum held by CRAWN Trust in Nairobi, Justice Ndungu emphasized that any amendments to the Sexual Offenses Act must consider the potential consequences of undoing a carefully thought-out law.
According to a report by CRAWN Trust, many Kenyans lack an adequate understanding of the Sexual Offenses Act and its repercussions, leading to the spread of false notions that the criminal justice system is unfairly punishing boys who commit sexual offenses.
Justice Ndungu clarified that offenders under 18 do not receive the minimum sentence for sexual offenses but are usually sentenced under the Borstal Institutions Act or Children’s Act, where they receive a maximum sentence of three years.
She further explained that some children who commit sexual offenses receive sentences lower than the maximum three years, which may involve counseling, probation, or admission into borstal institutions.
Justice Ndungu also revealed that children, including those who commit sexual offenses, do not serve time in prisons, as it is illegal for judicial officers to convict children to prisons even for sexual offenses.
