Uphold Sexual offence laws for a better society.

 

Like many countries, Kenya is guided by clearly set out laws that determine acts that are considered as sexual offences and recommended punishments for guilty persons. 

The Sexual offences Act 2006 provides for a major part of sexual offense laws which Judges and Magistrates rely on to free or convict suspects of such offenses. 

During the interviews in search of a new chief justice, Justice Chitembwe who was interviewed for the position  indicated that he had freed a man guilty of defilement and defended his decision arguing that he considered logic and reason apart from the law as it is. Some Kenyans agreed while others like myself disagreed. 

Justice Martha Koome was also a candidate, now chief justice, noted that most daily convictions in Kenya are related to sexual offences. She added that when judging such matters, she sets aside her beliefs, religion, feelings, emotions, attitudes and thoughts and applies the law as it is. I vehemently agree with her. 

Profound sexual offences in Kenya are mostly defilement and rape. The Sexual offences Act is very clear on the punishment which comes when an adult of above 18 years  has sex with a child in this case below 18 years. Based on the victim age range, a person, male or female guilty of defilement should be convicted for between 15 to 20 years regardless of consent by the victim. Likewise, a person, male or female guilty of rape is to be convicted for atleast 15 years which may be enhanced based on prevailing circumstances at the time of commiting the offence. This sounds rigid and strict and as Justice Chitembwe says, should be viewed with abit of reason in making judgements. But won't this amount to twisting the law?

 The law should be just to punish bad manners and uplift humanity. Which is why I agree with the new Chief Justice that we should apply it as it is. Whenever the law proves to be unjust or unreasonable, it's best to amend, not twist it. 

The same applies to other Sexual offences with regards to Kenyan laws. Persons accused of such offenses should be heard fairly and given sufficient time to plead their case. Likewise to the victims.

When there is enough reason to find the accused guilty, we rely on nothing but the law as it is and levy adequate punishment as spelt out in law. This will not only help end ignorance on such laws, but also shape  societal morals with an aim of restraining heartless people who want to commit such offenses and expect to walk away.

Convictions from Sexual offences are almost difficult to overturn except for matters where alot of fundamental issues were ignored. Careers and lives have been wasted in prison for offences that can be avoided if only the law is applied strictly to scare potential criminals and mass sensitization is done to educate the masses on the technicalities and legal provisions with regards to sexual offence laws. 

Information is power and the people need this information. Kenya has many categories of sexual offences apart from just rape and defilement which Kenyans should be aware of so that as we purpose to invoke the law strictly and ruthlessly, we do so to a informed population. 

We can't have the luxury to assume that all is well when young children, male and female  have been wasted to Sexual abuse while promising adults, male and female have lost Careers all because of ignorance and lenient application of the law.

 If we are to cultivate a culture of morality and respect amongst ourselves, we must uphold Sexual offence laws as they are, or better still, amend sections which don't serve us right.