MPs throw out proposals to reduce age of consent to 16

Jubilee Parliamentary majority leader Aden Duale

Some lawmakers blocked attempts to amend the Sexual Offences Act to reduce the age of consent to 16 from 18.

The MPs opposed the amendments that would have lowered the age at which a young person can legally consent to sexual activity.

They argued that biological maturity should not be confused with social maturity, and that at 16, youngsters are still under their parents' care.

The contentious proposals contained in the Statute Law (Miscellaneous Amendment) Bill, 2016, sponsored by Leader of Majority Aden Duale (MP, Garissa Town), generated furious reactions from MPs from both sides of the political divide. They argued the proposals protected the rights of sexual offenders at the expense of their victims

MPs James Nyikal (Seme), Wanjiku Muhia (Nyandarua County) Florence Kajuju (Meru County), Tom Kajwang (Ruaraka) Joseph M'eruaki (Igembe North) and Ken Okoth (Kibra) termed the proposed amendments as backward.

"It is known very well that 18 years is the right age of maturity and thus lowering the age to 16 exposes children to abuse," said Muhia.

Her Igembe North counterpart termed the amendments 'dangerous.' "The Bill is very dangerous. It is common knowledge that children under 16 years are still under the care of their parents," said M'eruaki.

Meru MP described the amendments illegal.

"We cannot as a nation agree to be parties to an illegality by allowing this amendment to go through," said Kajuju.

A former Health PS, Dr Nyikal said reducing the age of consent to 16 goes against laws of child development, arguing that biological maturity does not mean social maturity.

"Biological and social maturity are not the same. These young adults cannot take responsibility," he said.

Lawyer Tom Kajwang accused the act's drafters of trying to sneak in mischievous and unconstitutional amendments.

The MPs proposed that the act be referred the Justice and Legal affairs committee. Duale bowed to pressure and promised to withdraw amendments.