Lobbyists want CJ Koome to reinstate fixed jail terms for sex offenders

Women’s rights groups and survivors of sexual violence marched to the Supreme Court to present a petition to Chief Justice Martha Koome.

The petition seeks to have the CJ overturn a ruling that has seen the mandatory sentencing of sexual offenders removed.

The Sexual Offenses act of 2006 provides for mandatory sentences to be issued to perpetrators of sexual violence, according to the type of offence.

They argue that the ruling is unconstitutional as it will allow judges to give sentences according to their discretion, as they see fit.

Reading the petition at the Supreme Court, Strategic Litigation Lawyer at CREAW Winfred Odali, said that every day, there are numerous cases of sexual violence reported.

“A six-year-old girl was defiled, murdered and buried in a shallow grave, a 12-year-old girl fears reporting her father who defiles her every day," she said.

“A young woman was raped by a boda boda operator and a single mother was gang raped by men from her neighbourhood while coming home from work.”

In 2021, 9,484 children were defiled in Kenya, translating to over 25 children being defiled every day.

Despite the inhumane nature of these cases, Odali said, the Mombasa and Machakos High Courts and the Nyeri Court of Appeal declared mandatory sentencing of perpetrators unconstitutional.

“This has resulted in many perpetrators already sentenced all over the country applying for retrial and getting the opportunity to have their sentences reduced,” she said.

She said the ruling goes against gains made by rights groups towards combating gender-based violence and will again encourage perpetrators to continue with their heinous acts because the consequences are not dire.

Founder of the Wangu Kanja Foundation for survivors of sexual violence Wangu Kanja said that mandatory minimums for sentences were put in place for a reason.

“They were put in place so that they could protect women, men and children, both boys and girls, from perpetrators of sexual violence and hold perpetrators accountable for their actions,” she said.

She said that survivors of sexual violence deserve to have an effective remedy that is commensurate with the offence committed against them.

Center for Rights Education and Awareness executive director Wangechi Wachira said together with fellow civil society groups, it was their duty to ensure the rights of women remain protected.

Chief registrar of the Judiciary Ann Amadi, received the petition on behalf of the CJ as she was not available at the time.