Push for reforms as prison data highlights gaps in Sexual Offences Act

Concerns over the impact of Kenya’s Sexual Offences Act have intensified after a parliamentary team uncovered troubling trends in prisons, where a large number of inmates are serving lengthy sentences tied to teenage relationships.

The findings were presented during oversight visits by the National Assembly Constitutional Implementation Oversight Committee in Kisumu County. Led by Chair Bernard Kitur, the team was assessing the progress of constitutional implementation when they were confronted with complaints from inmates, prison officers, and legal practitioners.

Those who addressed the committee argued that the law’s fixed prison terms for defilement, set at between 15 and 20 years, limit the ability of courts to weigh the details of each case. They said situations involving close-age teenagers and mutual relationships are often treated the same as serious offences, leading to harsh outcomes for young men.

The committee also heard that differing High Court decisions on mandatory sentencing have created uncertainty in the justice system. This has resulted in similar cases attracting different rulings, depending on how courts interpret the law.

Members of the committee raised concern about what they termed unequal treatment of boys, noting that male teenagers are more likely to be charged and jailed, while girls involved in the same cases are rarely prosecuted. Some judges have previously warned that the law is being applied in ways that were not intended, especially against minors.

Figures shared with the lawmakers showed that sexual offences account for over 31 percent of inmates, with defilement cases forming 78.3 percent of that number, many involving young men.

CIOC Chair Bernard Kitur called for urgent changes to the law, especially the removal of mandatory minimum sentences so that courts can make decisions based on individual cases.

“A lot of our men, especially the youth, are wasting away in jail because of this Act. There is a need for review, and I will champion this agenda to save the ‘boy child’,” Hon Kitur. There is a need for review,” he added.

Inmates who spoke to the committee also presented a memorandum seeking wider reforms within correctional facilities. They asked for better support to help them reintegrate into society, including job opportunities, improved vocational training, access to healthcare, and expanded education programmes.

They also pushed for increased use of non-custodial sentences, faster handling of appeals, stronger support systems for paralegals, and a review of laws governing prisons which they said are outdated.

Even as the Sexual Offences Act continues to play a key role in tackling sexual violence, the concerns raised during the visits pointed to the need for adjustments. Stakeholders urged lawmakers to review the law to ensure it delivers justice fairly while still protecting vulnerable groups.