A recent proposal by three Court of Appeal judges to have the age of sex consent in the country lowered from 18 to 16 years has elicited a heated debate.
The judges; Daniel Musinga, Roselyn Nambuye, and Patrick Kiage want an amendment made to the Sexual Offences Act to lower the age for sexual consent.
This comes after the three judges overturned a ruling where a man was sentenced to 15 years for impregnating a 15-year-old girl, five years into his jail term and ordered his release.
In their ruling, the judges have questioned the penal provisions in the Sexual Offences Act No.3 of 2006.
In their March 22nd, 2019 judgment, the three cite many other jurisdictions that criminalize only sexual conduct with children below 16 years.
They also referenced their ruling to the reasoning applied when the House of Lords in the United Kingdom heard the case of a woman against a doctor who offered contraceptives to five 15-year-old girls without their parents’ consent.
Their proposal has, however, been dismissed by parents and children’s rights groups, who argue that lowering the age of sexual consent would expose young girls to the difficulties associated with early pregnancies, motherhood, and early marriage.
“Why do we want to force children to become adults, when they are not? I do not see the motivation of that proposal,” says Alex Rithi from Nairobi.
Others argue the proposal would curtail the girls’ right to education.
John Chigiti, a children’s advocate, says: “What sex will do is expose these kids to abortion, change them from the classroom and put them in maternity wards and this will interfere with the reproductive health of that child.”
He adds:” If we reduce to 16 years we will reduce it to 15 years the other year and 12 years the other year.”
Judges are supposed to…
Judges are supposed to interpret, and not make, the laws. They are always supposed to manage court cases in their dockets for efficiency, which they have failed.
@Imkgoogo, these three rogue…
@Imkgoogo, these three rogue judges have released a rapist without reason and now want the laws changed to allow more raping of minors. These three belong in jail. We can not allow rape advocates in high places. Wrong!
Stop the madness. 16 years…
Stop the madness. 16 years old girl cannot get a driver’s license, Id or a legal employment. How do they expect them to provide for the baby if they get pregnant?
In my humble opinion, a 16…
In my humble opinion, a 16 year old is a kid. How does a grown up ass man/woman in his/her right mind get naked with a 16 year old? Keep the age of consent 18….too many predators out there.
The law should be amended to…
The law should be amended to send both the boy and girl to jail.
If the age of consent is reduced to 16, then 16 year old boys and girls should be legally allowed :
1. Vote
2. Have jobs
3. Drive
4. Live in their own homes
5. be parents
Basically they should be considered as adults.
Form 2 students are NOT adults.
Children need and must be…
Children need and must be protected from sexual exoitation among other abuses until the age of 18.
No to the proposal to lower consent to 16. Let our children enjoy their childhood. Our courts should not be allowed to violate the rights of our children. We are dealing with the huge impact of homelessness, young mother’s, poverty and depression among women . Most of it because we have not protected them from the predators.
Kenya act to protect our future.
This man who impregnated a…
This man who impregnated a fifteen year old,how old was he when the act took place?
Hey if there is a ten year difference in age yes 15years is good punishment. But if the difference is 3years apart i.e an 18 year old man/boy impregnating a15year old girl,ithink both should get counseling and have the older party do community work,if not in school.The community work I recommend is working in child care facilities,clearing and washing”the mess”.
In my opinion,the age of consent should be 21.At sixteen one is too young to deal with babies.And more often than not, it’s the older man who takes advantage of the younger lady/girl.My 2 cents worth
Tombaneni kabsa!
Tombaneni kabsa!
Nani atachungaa Mtoi?
Nani atachungaa Mtoi?
I saw similar case, sometime…
I saw similar case, sometime ago, in Lamu, where a judge used similar reasoning, to set a man free. I agreed with her reasoning, and I think that facts are being edited, so as to vilify the Judges in this case. In both cases, both the boy and girl were under 18 years, and the act was consensual. The girl never complained, and refused to testify against her ‘husband’. What the Judges are asking is why this law is used to prosecute only boys, when both parties are minors, and there is no complainant, apart from the Law itself. Was the Law made to serve man, or was man made to serve the Law? Apart from destroying the lives of these young people with mandatory 15 year jail sentences, what does this law achieve?
Have you checked the age of…
Have you checked the age of consent for the state that you live in? Mine I found out was 16! Surprise.
Meaning? Should Kenya follow…
Meaning? Should Kenya follow your states law? ?
How stupid are our judges?…
How stupid are our judges? Who is the beneficiary of this lowering of the age limit? Are we saying that a person is an adult at age sixteen? Should the parents send the 16 year olds away from their homes or do we expect parents to take care of the 16 year olds while they sleep with sugar Daddies. Who are we saving here? The parents, the kids or the Sugar Daddies with money?
These judges should consult with parents. Where is the moral compass of these judges? Just because Edormites ( European countries) are doing it, the Hebrew Israelites ( Africans) should not copy.
This is a dangerous zone that Kenyan’s are venturing into. A parent then should cease to support the kid at age sixteen and the government should take over if the consider them adults. As adults, then the 16 year old must be allowed to marry, vote, and become a full blown adult. High school education should then be adjusted accordingly so they graduate at 16.
May these judges kids become pregnant at 16. Let us not follow the west (Edormites) blindly. Let us find our own path.
The problem is how it is…
The problem is how it is applied in Kenya. I am yet to hear of any Sugar daddy who has ever been prosecuted, leave alone been convicted. It is used in Kenya to jail underage boys, for consensual acts, primarily because the girl’s parents do not like the boy.