Judges seek review of minimum sentence clauses in Sexual Offences Act
What you need to know:
- The judges also want a redefinition of the life sentence in order to allow for minimum time that a person might serve in jail.
- Court of Appeal Judge Patrick Kiage said it is important to have an open discussion on the Sexual Offences Act and admit that it has problems.
- Justice Erastus Githinji urged the AG to look for a way in which the law on the sexual offences can be reviewed.
- The AG told the judges that that some of the issues raised cannot be resolved through legislation.
Judges have called for a review of some clauses in the Sexual Offences Act that deal with minimum sentences.
The judges argue that they are tied by clauses in the law which give a minimum sentence to be imposed against an offender.
Speaking during their annual conference at Sarova Whitesands Beach Hotel in Mombasa on Monday, the judges said they are unable to exercise their discretion in determining matters on sexual offences presented to them.
According to the judges, each case ought to be determined on its own merit and circumstances relating to it.
The judges also said time was ripe to consider a redefinition of the life sentence in order to allow for minimum time that a person might serve in jail before they are released as it happens in some European jurisdictions.
OPEN DISCUSSION
Court of Appeal Judge Patrick Kiage said it is important to have an open discussion on the Sexual Offences Act and admit that it has problems.
Justice Kiage urged Attorney-General Githu Muigai to consider a total review of the Act saying there are many judgments from superior courts which have indicated problems with it.
Justice Erastus Githinji urged the AG to look for a way in which the law on the sexual offences can be reviewed.
Justice Githinji, who noted that they are tied by the minimum sentences imposed by the Act, said the AG can seek public opinion on the matter.
Prof Muigai, who presided over the opening of the conference on behalf of President Uhuru Kenyatta, described the Sexual Offences Act as a law which was long overdue but said its implementation drew more problems than it could solve.
The AG also said his office had commissioned a study to look on whether to abolish the death sentence in our country.
“We took the issue to Kenyans, they refused. It is a conversation which is delicate,” said Prof Muigai.
The AG told the judges that that some of the issues raised cannot be resolved through legislation.
