The Sexual Offences Regulations

Legal Notice 132 of 2008

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Legal Notice 132 of 2008
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Sexual Offences Act
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LAWS OF KENYA

SEXUAL OFFENCES ACT

THE SEXUAL OFFENCES REGULATIONS

LEGAL NOTICE 132 OF 2008

  • Published in Kenya Gazette Vol. CX—No. 83 on 24 October 2008
  • Commenced on 24 October 2008
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation.

These Regulations may be cited as the Sexual Offences Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—“Act” means the Sexual Offences Act (Cap 63A); and“Prohibited Publications Review Board” means the Board by that name established under section 53(3) of the Penal Code (Cap. 63).

3. Enhancement of sentence

(1)For purposes of sentences imposed by sections 3(3), 4, 5(2), 10 or any other under the Act which may require alteration, revision or enhancement, the High Court may exercise the powers and procedures provided for under sections 362, 363, 364, 365, 366, and 367 of the Criminal Procedure Code (Cap. 75).
(2)In exercise of the power to alter, revise or enhance sentences under the Act, regard shall be had to—
(a)whether the sentence imposed is unlawful or contrary to that provided for by the Act;
(b)the number of times the perpetrator of the offence has committed the offence;
(c)the age of the victim(s) of the sexual offence;
(d)the age of the perpetrator(s) of the sexual offence;
(e)the victim impact statements adduced in accordance with section 33(b) of the Act;
(f)whether force was involved;
(g)prior criminal history;
(h)the relationship existing at the time of the offence between the victim and the accused; and
(i)any other factor which may be relevant in the opinion of the Court:
Provided that proceedings under this regulation shall be subject to section 382 of the Criminal Procedure Code (Cap. 75).

4. Prohibited publications

(1)The articles referred to in section 16 of the Act include those articles prohibited by an order published in the Gazette under section 52(1) and (2) of the Penal Code (Cap. 63).
(2)The Cabinet Secretary shall, in consultation with the Prohibited Publications Review Board, ensure the better implementation of section 16 of the Act.
(3)The Cabinet Secretary may, in consultation with the Prohibited Publications Review Board, and by an order in the Gazette, prohibit other publications for purposes of section 16 of the Act.

5. Designated persons and medical practitioners

For purposes of section 26(5) of the Act—
(a)“designated person” includes—
(i)a nurse registered under section 12(1) of the Nurses and Midwives Act (Cap. 257); or
(ii)a clinical officer registered under section 7 of the Clinical Officers (Training, Registration and Licensing) Act (Cap. 253E); and
(b)“medical practitioner” means a medical practitioner registered in accordance with section 6 of the Medical Practitioners and Dentists Act (Cap. 253).

6. Register of offenders

(1)The Registrar of the High Court shall maintain a register to be known as the Register of Convicted Sexual Offenders (hereinafter referred to as “the Register”) in accordance with section 39(13) of the Act, in which shall be entered the following information regarding a sexual offender—
(a)the name(s) of the sexual offender and alias(es);
(b)date of birth;
(c)place of birth;
(d)nationality;
(e)physical description, in particular, sex, race, height, weight, eye colour, hair colour, scars, tattoos or other marks or characteristics;
(f)passport photograph and a set of fingerprints;
(g)physical address at the time of the offence and any other domiciles;
(h)the offence with which charged;
(i)the sentence entered by the trial court;
(j)the date(s) of conviction and any sentence(s) imposed;
(k)the sentence entered on reversal or enhancement;
(l)the age of victim(s) in the sexual offence in question;
(m)previous convictions entered against the convict under the Act or related penal laws;
(n)the relationship between the convict and the victim, if any, including information as to whether there was a position of trust;
(o)brief particulars of the offence as well as the circumstances under which the offence was committed;
(p)whether the sexual offender has been declared dangerous by a court of law; or
(q)any other information, which, in the Registrar’s opinion, requires to be kept.
(2)The Register, which may also be kept in electronic form, shall be kept in the form set out in the Schedule.
(3)The registration period of a sex offender shall lapse upon the sex offender’s death.
(4)A sex offender shall notify the Registrar if he—
(a)ceases to live or reside at the registered address or moves to a different address;
(b)leaves a job or obtains a new job, or leaves a school or enrolls in a new school;
(c)leaves the jurisdiction of the High Court.
(5)Notice of the changes described in paragraph (4) above shall be in writing and shall be provided prior to the change, if feasible, and in any event within twenty one days of the occurrence of the change.
(6)Notices of change in address or place of work or school attendance shall include the new address, location and phone information.
(7)In the exercise of the powers provided for under section 39(13) of the Act, regard shall be had to the need to protect the names and identity of the complainant, victims and other witnesses, especially where such persons have been declared vulnerable by a court of law during criminal proceedings.
(8)The Registrar may, in writing, indicate to any person who demonstrates to the Registrar that he has a reasonable interest whether a person’s name has been entered in the Register.
(9)Notwithstanding any other provision in these Regulations, the Registrar shall at all times ensure access to the Register by the following person(s)—
(a)judicial officers;
(b)advocates of the High Court involved in criminal proceedings to which information kept in the Register has a bearing;
(c)probation officers;
(d)children officers;
(e)state counsels and prosecutors;
(f)police investigators;
(g)the prisons department;
(h)other relevant agencies which, in the opinion of the Registrar, may require such information.
(10)The Registrar shall not allow access to the Register where he has reason to believe that the information is intended to be used in a prejudicial manner.
(11)Any person who uses or allows to be used in a prejudicial manner information kept in the Register commits an offence and shall be liable, on conviction, to a fine not exceeding six thousand shillings or imprisonment for a term not exceeding six months, or both.

7. Dangerous offenders

(1)A prosecutor or an interested party in criminal proceedings may apply to a court of law, within a reasonable time after conviction but before a sentence is entered, to declare a person convicted of a sexual offence, a dangerous offender:Provided that a trial court may on its own motion declare a convicted sexual offender dangerous.
(2)An application under paragraph (1) shall be made in open court and the convicted person shall be given an opportunity to state his case either in person or through an advocate of his choice.
(3)A court may order that either of the following institutions supervise a dangerous offender—
(a)the prisons department;
(b)the probations department;
(c)the children’s department;
(d)the police department; or
(e)the criminal investigations department:
Provided that nothing in this regulation may be interpreted to take away the discretion of the court to decide the institution under which to place a person declared a dangerous offender for supervision.

8. Victim impact statements

For purposes of section 33 of the Act—
(a)the provisions of sections 329A, 329B, 329C, 329D, and 329E of the Criminal Procedure Code (Cap. 75) shall apply mutatis mutandis; and
(b)any rules made by the Chief Justice under section 329F of the Criminal Procedure Code (Cap. 75) shall apply.

SCHEDULE [r. 7(2)]

REGISTER OF CONVICTED SEXUAL OFFENDER

Form 1
Affix passportphoto here
Full name(s) of the sexual offender .........................................................................
Alias(es) of the sexual offender (if any) ..................................................................
Date of birth ......................................... Place of birth .............................................
Physical address ....................................... Telephone No. ....................................
Sex ......................... Race ...................... Height ................ Weight .......................
Other physical characteristics ..................................................................................
.......................................................................................................................................
.......................................................................................................................................
Offence(s) with which charged ................................................................................
Sentence entered by the trial court ..........................................................................
Whether the offender has been declared dangerous ............................................
Date(s) of conviction .................................................................................................
Sentence entered on reversal or enhancement ......................................................
Date(s) of reversal or enhancement ........................................................................
Age of the victim(s) in the sexual offence ..............................................................
Previous convictions .................................................................................................
Dates of previous convictions ..................................................................................
Relationship between the convict and the victim .................................................
Brief particulars of the offence .................................................................................
Any other information ..............................................................................................
 
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31 December 2022 this version
24 October 2008
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