Male convicts at the centre of push to review punitive provisions in sexual offences law
Jane Kuria engages male prisoners convicted of sexual offences in an intensive programme focused on confronting behaviour and taking responsibility.
What you need to know:
- As Parliament debates reforms, activists push for inclusive review addressing survivor welfare and fairness concerns in prosecutions.
- New bill aims to protect young mothers’ education while sparking debate over evidence standards and legal equity.
A fresh push to review Kenya’s sexual offences law is emerging, as Parliament prepares to consider amendments aimed at strengthening protections for survivors of sexual violence.
The Sexual Offences (Amendment) Bill, 2023, sponsored by Kisii woman representative Doris Aburi, is headed for the National Assembly’s Committee of the Whole House. The proposed changes seek to safeguard the right to education for survivors, including young mothers forced out of school by pregnancy and stigma.
However, even as the bill gains traction, men’s rights advocates are calling for a broader review of the Sexual Offences Act, 2006, arguing that some of its provisions are overly punitive. Leading this call is Jane Kuria, founder of Ustawi Network, which works with men convicted of sexual offences.
Read: Bill pushes to protect sexual offence survivors’ right to education amid implementation debate
In an interview, Jane said while the law was necessary to curb sexual violence, its application has in some cases raised concerns about fairness, particularly in relation to evidentiary standards.
“You find a child’s testimony is sometimes enough to convict without corroborative evidence such as DNA,” she said. “While protecting survivors is critical, there are men who maintain their innocence. Justice must work both ways.”
While the legislation has been credited with strengthening legal protections for survivors, she argued that certain provisions may not adequately account for complex cases.
“There are instances involving adolescents in consensual relationships, often referred to as Romeo and Juliet cases, where boys face prosecution while girls are not subjected to similar legal consequences. That raises questions about equity,” she said.
She added that the current review process appears largely focused on survivors, with limited attention to concerns of accused persons.
“The review is important, but we are hoping to bring in more voices, including those looking at fairness for men who may have been wrongly convicted,” she said.
She acknowledged that advocating for men accused or convicted of sexual offences attracts significant backlash but maintained that the conversation is necessary.
“This is not about excusing offenders. If someone commits an offence, they must be punished, and severely,” she said. “But if there are innocent people in prison, then we must address that.”
