Parliament passes Bill to protect education rights of sexual offence victims

Parliament passes Bill to protect education rights of sexual offence victims. [File]

The National Assembly has passed the  Sexual Offences (Amendment) Bill, 2023, paving the way for proposed changes aimed at raising public awareness of sexual offences and protecting the right to education of survivors, including teenage mothers.

Its passage marks a significant step in efforts to strengthen public awareness of sexual offences and ensure that survivors, including teenage mothers, are not denied opportunities to continue their education.

The Bill, sponsored by Kisii County Woman Representative Dorice Donya Aburi, seeks to amend the Sexual Offences Act, 2006, by introducing nationwide public education campaigns and programmes to safeguard victims’ educational rights.

Under the proposed amendments, the Cabinet Secretary responsible for legal affairs would be required to promote public awareness of sexual offences through education and information campaigns.

The CS would also consult the Education Cabinet Secretary to establish programmes that protect and promote the right to education of victims of sexual offences, including those affected by teenage pregnancies.

The legislation seeks to address challenges that survivors face in accessing information, protection and continued education, particularly girls whose schooling may be disrupted by sexual violence or teenage pregnancy.

In presenting the Bill, Aburi argued for stronger public awareness and safeguards for victims, with Parliament’s account of the legislation highlighting its twin objectives of educating the public and protecting survivors’ access to education.

The Bill also introduces a definition of a Cabinet Secretary to align the law with the Constitution, ensuring that references to government responsibilities reflect the current constitutional framework.

The Sexual Offences Act, enacted in 2006, provides the legal framework for addressing sexual crimes in Kenya. The proposed amendments seek to strengthen prevention and support for victims by complementing legal protections with public education and measures to promote continued schooling.

The Bill was first read in the National Assembly on July 31, 2024, before undergoing parliamentary consideration and examined by the Departmental Committee on Justice and Legal Affairs, which also sought views from stakeholders, including government agencies and organisations working on justice, human rights and gender equality.

Following its passage in the National Assembly, the Bill will require completion of the applicable constitutional legislative process before becoming law.