Why judges want Kenya’s sexual offences law amended

Supreme Court Judge Justice Njoki Ndung'u

Question: As the architect of the Sexual Offences Act 2006, has the law had the impact you intended?

Ndung’u: I do believe the law has served Kenyans as it was intended, which was to address the prosecution and management of sexual offences comprehensively. In 2006, statistics were showing that a rape was being committed on average every half an hour but the legal framework could not comprehensively address the situation. The law was no deterrent at all. Medical treatment for victims was inadequate and the processes of obtaining a P3 form was humiliating such that most crimes remained unreported. Previously, the law failed to address critical issues such as males being victims of such crimes and the double victimisation of complainants during the judicial process. Ten years later, the Act has brought clarity on the number and definition of offences, introduced stricter sentencing guidelines including minimum sentencing and the management of medical treatment and court processes that protect the dignity of victims. The law also acknowledges the use of modern technology such as DNA. The publicity surrounding the parliamentary debate also raised public awareness, addressing the stigma associated with these crimes and has increased reporting and prosecution of the same.