New Bill seals loophole exploited by child defilers in Kenya

A proposed law blocks paedophiles from entering into an agreement with the State for lesser sentences.

The Sexual Offences (Amendment) Bill 2016 excludes child defilers from plea bargaining.

MP Florence Mutua argues those who prey on children should not benefit from a deal with the prosecution to plead guilty in exchange for light sentence.

The Bill dated June 23 reads: "The primary objective of this Bill is to amend the Sexual Offences Act to expressly prohibit plea bargaining and collusion in sexual offences which help the perpetrators of sexual offences evade justice."

The law proposes that the State should keep a database of sex offenders and also punish an employer who hires a person convicted of a sexual offence to take care of a child.

Lawyer Gideon Solonka said that it was not proper to have adults settling the case on behalf of the child.

He painted a picture of the victim watching by the sidelines as justice walked away from her or him.

At the same time, only eight out of 137 cases were settled through plea bargaining during the Judiciary children service week in Milimani Court conducted between April 11 and 15, this year.

The Standard has learnt that a few of the accused children agreed to the concept while others felt "they were being cornered".

Out of the lot, 49 cases were withdrawn by the prosecution, meaning that 80 of the accused did not buy the idea.

Justice Martha Koome, during the service week, said the process was meant to save time and ensure children facing criminal charges take the least time in holding areas.

"This process is aimed at diverting children from the formal justice system so that they can be counselled and rehabilitated quickly to ensure that they go back to school and grow up to be meaningful citizens," she said.