This is the version of this Act as it was from 15 October 2007 to 22 July 2009. Read the latest available version.
Sexual Offences Act
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LAWS OF KENYA
SEXUAL OFFENCES ACT
CAP. 63A
- Published in Kenya Gazette Vol. CVIII—No. 56 on 28 July 2006
- Assented to on 14 July 2006
- Commenced on 21 July 2006
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2007 (Act No. 7 of 2007) on 15 October 2007]
1. Short title
This Act may be cited as the Sexual Offences Act, 2006.2. Interpretation
3. Rape
4. Attempted rape
Any person who attempts to unlawfully and intentionally commit an act which causes penetration with his or her genital organs is guilty of the offence of attempted rape and is liable upon conviction for imprisonment for a term which shall not be less than five years but which may be enhanced to imprisonment for life.5. Sexual assault
6. Compelled or induced indecent acts
A person who intentionally and unlawfully compels, induces or causes another person to engage in an indecent act with-7. Acts which cause penetration or indecent acts committed within the view of a family member, child or person with mental disabilities
A person who intentionally commits rape or an indecent act with another within the view of a family member, a child or a person with mental disabilities is guilty of an offence and is liable upon conviction to imprisonment for a term which shall not be less than ten years.8. Defilement
9. Attempted defilement
10. Gang rape
Any person who commits the offence of rape or defilement under this Act in association with another or others, or any person who, with common intention, is in the company of another or others who commit the offence of rape or defilement is guilty of an offence termed gang rape and is liable upon conviction to imprisonmnent for a term of not less fifteen years but which may be enhanced to imprisonment for life.[Act No. 7 of 2007, Sch.]11. Indecent act with child or adult
11A. Indecent act with adult
Any person who commits an indecent act with an adult is guilty of an offence and liable to imprisonment for a term not exceeding five years or a fine not exceeding fifty thousand shillings or to both.[Act No. 7 of 2007, Sch.]12. Promption of sexual offences with a child
A person including a juristic person who-13. Child trafficking
A person including a juristic person who, in relation to a child—14. Child sex tourism
A person including a juristic person who-15. Child prostitution
Any person who-16. Child pornography
17. Exploitation of prostitution
Any person who-18. Trafficking for sexual exploitation
19. Prostitution of persons with mental disabilities
20. Incest by male persons
21. Incest by female persons
The provisions of section 20 shall apply mutatis mutandis with respect to any female person who commits an indecent act or act which causes penetration with a male person who is to her knowledge her son, father, grandson grand father, brother, nephew or uncle.22. Test of relationship
23. Sexual harassment
24. Sexual offences relating to position of authority and persons in position of trust
25. Sexual relationships which pre-date position of authority or trust
26. Deliberate transmission of HlV or any other life threatening sexually transmitted disease
27. Administering a substance with intent
28. Distribution of a substance by juristic person
29. Cultural and religious offences
Any person who for cultural or religious reasons forces another person to engage in a sexual act or any act that amounts to an offence under this Act is guilty of an offence and is liable upon conviction to imprisonment for a term of not less than ten years.30. Non-disclosure of conviction of sexual offences
A person who has been convicted of a sexual offence and who fails to disclose such conviction when applying for employment which places him or her in a position of authority or care of children or any other vulnerable person or when offering or agreeing to take care of or supervise children or any other vulnerable person is guilty of an offence and liable upon conviction to imprisonment for a term of not less than three years or to a fine of not less than fifty thousand shillings or to both.31. Vulnerable witnesses
32. Vulnerable witness to be notified of protective measures
33. Evidence of surrounding circumstances and impact of sexual offence
Evidence of the surrounding circumstances and impact of any sexual offence upon a complainant may be adduced in criminal proceedings involving the alleged commission of a sexual offence where such offence is tried in order to prove-34. Evidence of character and previous sexual history
35. Medical treatment orders
36. Evidence of medical or forensic nature
37. Keeping scene of crime secure etc.
38. Offence to make false allegations
Any person who makes false allegations against another person to the effect that the person has committed an offence under this Act is guilty of an offence and shall be liable to punishment equal to that for the offence complained of.39. Supervision of dangerous sexual offenders
40. Attorney-General to decide whether police investigations should be discontinued
The decision as to whether the prosecution or investigation by any police officer of a complaint that a sexual offence has been committed should be discontinued shall rest with the Attorney General.41. Extra-territorial jurisdiction
42. Consent
For the purposes of this Act, a person consents if he or she agrees by choice, and has the freedom and capacity to make that choice.43. Intentional and unlawful acts
44. Evidential presumptions about consent
45. Conclusive presumptions about consent
46. National policy framework
The Minister shall-47. Regulations
The Minister may, in consultation with the Ministers for the time being responsible for matters relating to internal security, prisons, social services, education and health, make regulations regarding-47A. Chief Justice may make rules
The Chief Justice may make rules of Court for the implementation of the Act.[Act No. 7 of 2007, Sch.]48. Transitional provisions
The provisions of the First Schedule shall apply.49. Consequential amendments and repeals
The Acts identified in the Second Schedule are amended in the manner set out in the schedule.History of this document
26 April 2024
11 December 2023
31 December 2022
Revised by
24th Annual Supplement
Read this version
30 May 2018
01 October 2012
12 July 2012
23 July 2009
15 October 2007 this version
28 July 2006
21 July 2006
Commenced
14 July 2006
Assented to
Cited documents 3
Act 3
1. | Evidence Act | 9651 citations |
2. | Counter-Trafficking in Persons Act | 76 citations |
3. | Children Act | 48 citations |
Documents citing this one 5476
Judgment 5421
Gazette 19
Bench Bulletin 15
Act 11
1. | Evidence Act | 9651 citations |
2. | Criminal Procedure Code | 5220 citations |
3. | Leadership and Integrity Act | 306 citations |
4. | Community Service Orders Act | 201 citations |
5. | Basic Education Act | 164 citations |
6. | Victim Protection Act | 163 citations |
7. | Kenya Defence Forces Act | 142 citations |
8. | HIV and AIDS Prevention and Control Act | 82 citations |
9. | Counter-Trafficking in Persons Act | 76 citations |
10. | Children Act | 48 citations |
Legal Notice 5
Bill 4
Article 1
1. | Situational Analysis and the Legal Framework on Sexual and Gender-Based Violence in Kenya: Challenges and Opportunities |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Sexual Offences Rules of Court | Legal Notice 101 of 2014 | 31 December 2022 |
The Sexual Offences (Medical Treatment) Regulations | Legal Notice 133 of 2012 | 31 December 2022 |
The Sexual Offences (Dangerous Offenders DNA Data Bank) Regulations | Legal Notice 133 of 2008 | 31 December 2022 |
The Sexual Offences Regulations | Legal Notice 132 of 2008 | 31 December 2022 |