Judges seek a review of law on sexual offences
Court of Appeal judge Alnashir Visram (left) and Lady Justice Abida Aroni follow a presentation in the ongoing Annual Judges' Colloquium at the Sarova Whitesands Beach Resort and Spa in Mombasa on August 23, 2016. PHOTO | WACHIRA MWANGI | NATION MEDIA GROUP
What you need to know:
- The judges argue that they are tied by clauses in the piece of legislation that give minimum sentences to be imposed against offenders.
- The judges say each case ought to be determined on its own merit and circumstances relating to it.
- Attorney-General Githu Muigai said his office commissioned a study to look into whether to abolish the death sentence in the country.
- The Attorney-General told the judges that some of the issues they raised cannot be resolved through legislation.
Judges have called for a review of a law on sexual offences in a bid to have clauses on minimum sentences changed.
They argue that they are tied by clauses in the piece of legislation that give minimum sentences to be imposed against offenders.
Speaking during their annual conference at Sarova Whitesands Beach Resort in Mombasa, the judicial officers said they were not exercising their discretion in determining sexual offences matters before them.
According to the judges, each case ought to be determined on its own merit and circumstances relating to it.
Court of Appeal judge Patrick Kiage said it is important to have an open discussion on the Sexual Offences Act.
Justice Kiage urged Attorney-General Githu Muigai to consider a total review of the law. He said there are many judgments by superior courts that have indicated problems with the Act.
At the same time, Justice Erastus Githinji asked the AG to look for a way the law on sexual offences can be reviewed.
MINIMUM SENTENCES
Justice Githinji, who noted that they are tied by the minimum sentences stipulated by the Act, said the AG can seek public opinion on the matter.
Prof Muigai, who presided over the opening of the meeting on behalf of President Uhuru Kenyatta, described the Sexual Offences Act as having been long overdue at the time it came into operation, but some problems relating to it are now being noted.
The AG said his office commissioned a study to look into whether to abolish the death sentence in the country.
“We took the issue to Kenyans, and they refused. It is a conversation that is delicate,” said Prof Muigai.
The AG told the judges that some of the issues they raised cannot be resolved through legislation.
The week-long annual conference brings together judges from the Supreme Court; the Court of Appeal; the High Court; the Employment and Labour Relations Court; and the Environment and Land Court.
The judges are meeting in the absence of a Chief Justice, who usually presides over the opening ceremony, following the retirement of Dr Willy Mutunga in June.
The colloquium is usually organised by the Judiciary Training Institute.
