The Court of Appeal is proposing changes to lower the sex consent age to 16years. While reversing a case where a man was sentenced to 15years in jail, three judges Patrick Kiage, Roselyn Nambuye, and Daniel Musinga, ruled that it is time Kenya considered changing the sexual offences act.
Our prisons are teeming with young men serving lengthy sentences for having had sexual intercourse with adolescent girls whose consent has been held to be immaterial because they were under 18years,” the judges rules.
According to the judges, it is unrealistic to assume that teenagers and maturing adults do not engage in sex.
In the reversed case, Eliud Waweru was jailed for impregnating a form four leaver. In presence of an aea chief, Waweru and the girl’s father agreed that he would pay a Ksh 80,000 dowry after the girl eloped with the man. When he failed to pay, he was arrested and charged.
The judges said that the girl’s parents forced her to fix the man according to the two letters she wrote threatening to kill herself. Waweru had spent eight years in prison and was set fee on Friday March 22, 2019
The judges added that the country should talk about challenges of maturing children, morality, autonomy, protection of children and the need for proportionality in punishing sex pests.
The y observed that underage girls and boys often engage in sexual relations willingly. “They may not have attained the age of maturity but they may well have reached the age of discretion and are able to make intelligent and informed decisions about their lives and bodies.”