By SHABAN MAKOKHA
May 7, 2026| Pressure is mounting on Parliament to amend Kenya’s Sexual Offences Act No. 3 of 2006 following growing concerns that its strict sentencing provisions are disproportionately affecting young men and significantly contributing to congestion in correctional facilities.
Lawmakers, legal experts, and inmates are now calling for a review of mandatory sentences amid claims of injustice and prison overcrowding.
The concerns emerged during oversight visits by the Constitutional Implementation Oversight Committee (CIOC) to prisons and correctional facilities in Kisumu County, where lawmakers, prison officials, legal experts, and inmates raised alarm over the impact of mandatory minimum sentences under the law.
The delegation, led by CIOC Chairperson Hon. Bernard Kitur, was conducting an audit on constitutional implementation when stakeholders questioned whether the law — while intended to combat sexual violence — is now producing unintended and far-reaching social consequences.
At the center of the debate are provisions imposing mandatory jail terms of between 15 and 20 years for defilement offences, regardless of the circumstances surrounding each case.
Stakeholders argued that the law denies judicial officers the discretion to consider factors such as age proximity between teenagers, adolescent relationships, consent among minors, and absence of predatory intent — particularly in what are commonly referred to as “Romeo and Juliet” cases.
Legal experts who appeared before the committee noted that conflicting court decisions on the constitutionality of mandatory minimum sentences have further complicated the issue, resulting in inconsistent interpretation and application of the law across the country.
Some lawmakers and prison officials also expressed concern over what they described as disproportionate punishment targeting the “boy child,” arguing that adolescent boys are frequently prosecuted and imprisoned while their female counterparts in similar situations rarely face legal consequences.
They warned that a law originally designed to protect children from adult sexual predators is increasingly being applied to teenage relationships, with devastating consequences for young offenders and their families.
Statistics presented to the committee showed that sexual offences account for more than 31 percent of Kenya’s prison population, with defilement cases making up approximately 78.3 percent of those offences — many involving young men.
Speaking during the inspection tour, Hon. Bernard Kitur called for urgent reforms to the Sexual Offences Act, including the removal of mandatory minimum sentences to allow courts to make fair, individualized, and proportionate decisions.
“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,” said Kitur.
The committee also received memoranda from inmates, who called for broader reforms within the correctional system beyond the Sexual Offences Act itself.
Among the proposals presented were improved access to education and vocational training, expansion of prison workshops for skills development, timely medical care, faster processing of appeals, and increased use of non-custodial sentences for less severe offences.
Inmates further urged Parliament to review outdated prison laws and strengthen support for prison paralegals to help inmates navigate the justice system more effectively.
Despite the criticism, stakeholders acknowledged that the Sexual Offences Act remains a critical legal tool in the fight against sexual abuse and gender-based violence.
However, many argued that there is an urgent need to strike a balance between protecting vulnerable victims and ensuring justice, fairness, and proportionality in sentencing.
The debate is now expected to intensify as pressure grows on Parliament to review the law in line with constitutional principles, human rights protections, and evolving societal realities.
If adopted, the proposed reforms could significantly reshape Kenya’s criminal justice system, particularly in the handling of adolescent sexual offence cases and prison sentencing policies.