By PATRICK KIBET

When the Sexual Offences Act was introduced in 2006, many anticipated that it would deter sexual offenders.

However, six years down the line, high rate of defilement cases has alarmed children’s rights activists and other stakeholders despite stringent laws.

Bizarre incidents, which have hit news headlines, include minors as young as one-year-old and senior citizens aged 105 who have been defiled and abused by men who are often supposed to be their protectors.

The Act, which was introduced by then nominated MP Njoki Ndung’u – now a Supreme Court judge, consolidated various statutes, which prior to its enactment dealt with sexual offences.

The Act came into force on July 2006 and was seen as a bold step in fighting gender-based violence.

The Sexual Offences Act was aimed at introducing stiff penalties for sexual offenders apart from consolidating all statutes, which dealt with the vice. Police figures show that despite the stiff penalties the crime has been on the rise.

In 2006, 3,525 cases were reported to police while in 2011, 4,703.

Defilement cases have increased from 2006 when the law was enacted which is a worrying trend. In 2006,   1,365 cases were reported compared to 3,191 cases in 2011 representing an increase of over 200 per cent.

In 2007, five months after the law came into force, 3,693 cases of sexual offences were reported to the police.  That year defilement, incest and sodomy cases reported to the police increased.

According to the Act, defilement offences against children aged less than 11 attracts life imprisonment, whereas minors aged 12-15 attracts jail term not less than 20 years and 15-18 years attracts a jail term of not less than 15 years.

Awareness

On the other hand, there is a slight reduction in rape cases. In 2006 1,365 rape cases were reported to police whereas in 2011,  934.

Other offences like sodomy and incest had 134 and 170 cases reported in 2006. But in 2011 statistics show 277 cases of incest and 144 cases of sodomy were reported.

More than six years since the enactment of the law, public awareness and poor police work has grappled its full implementation. The Act, which has stringent penalties, has low awareness among the public.

Senior Resident Magistrate Judicaster Nthuku in charge of Nakuru Children’s Court says the impact of Sexual offences Act has been hampered.

As a magistrate handling most cases affecting children in Nakuru Law Courts, Nthuku blamed this on poor police work and low public awareness of the law.

At the Nakuru Children Court in 2010, 143 cases were filed whereas in 2011, they dropped to 140 and last year only 122.

Nthuku says most of the acquittals results from insufficient evidence. She says the court is left with no other option but to discharge the accused persons.

“The reason for low acquittals is due to poor police work as most of the police officers have not been trained adequately on how to handle Sexual Offences Act,” Nthuku says.

She cites a case where a police officer kept a complainant’s clothes in a paper bag and destroyed the evidence, which could have been key in the case.

“It is saddening that police officers are not well trained on handling and preservation of evidence. The DNA analysis can link the complaint to the accused persons but officers never take serious note of this,” she adds.

There are high acquittals in cases where complainants are aged 15-18 a matter, which should raise eyebrows.

Nthuku says 15-18-year-old girls tend to develop emotional attachment to complainants who are charged with defilement. “These complainants often come to court and change testimony with the effect of saving the accused persons,” she says.

In some cases accused persons released by the court on bail have also compromised the complainants who end up withdrawing the cases.

“Some accused persons when released also compromise complainants hence looking for out of court settlements. In some instance due to laxity of police investigators witnesses cannot be traced hence compromising the cases,” she adds.

The greatest challenge facing the implementation of the Act is ignorance in the part of the public. Even the accused persons do not know the consequences of their criminal acts.

The Government after the enactment of the law did not undertake enough public awareness of the Act.

A report by the Federation of women lawyers (Fida) revealed that whilst the law was enacted to reduce the prevalent sexual offences, public awareness is still lacking which has affected implementation of the law.

The report noted that negative attitudes towards women, stigma, delay in legal processes and ignorance have affected the implementation of the Act.

Fida conducted interviews in Thika and Naivasha where they noted that the Act had led to better handling of complainants in sexual offences, stiffer penalties for sexual offenders and reduced teenage pregnancies.

However, the report also noted that marital rape was not adequately addressed in the Act and teachers who abused students were not penalised for their actions adequately.

Fida said the Government must carry out a comprehensive awareness campaign and other stakeholders to enable the public know the contents of the Sexual Offences Act.

The public also wants the lawmakers and stakeholders in the justice sector to lobby for stiff sentences handed to offenders found guilty of raping the elderly.