Sexual Offences Act in Kenya

(1) A court, in criminal proceedings involving the alleged commission of a sexual offence, may declare a witness, other than the accused, who is to give evidence in those proceedings a vulnerable witness if such witness is— (a) the alleged victim in the proceedings pending before the court; (b) a...

(1) The prosecution shall inform a witness who is to give evidence in criminal proceedings in which a person is charged with the alleged commission of a sexual offence, or if such witness is a child, such child, his or her parent or guardian or a person in loco parentis, of the possibility that he...

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— (a) whether a sexual offence is likely to have been committed—...

(1) No evidence as to any previous sexual experience or conduct of any person against or in connection with whom any offence of a sexual nature is alleged to have been committed, other than evidence relating to sexual experience or conduct in respect of the offence which is being tried, shall be...

(1) A court shall upon conviction of a person having committed a sexual offence and if satisfied that the convicted person is dependent on or has the propensity to misuse alcohol, any drug or is suffering from any other disorder, and may benefit from treatment, grant an order for treatment or...

(1) Notwithstanding the provisions of section 26 of this Act or any other law, where a person is charged with committing an offence under this Act, the court may direct that an appropriate sample or samples be taken from the accused person, at such place and subject to such conditions as the court...

(1) Any person who intentionally interferes with a scene of crime or any evidence relating to the commission of an offence under this Act is guilty of an offence and is liable upon conviction to imprisonment for a term of not less than three years or to a fine of one hundred thousand shillings or to...

Deleted by Act No. 12 of 2012, Sch.

(1) A court may declare a person who has been convicted of a sexual offence a dangerous sexual offender if such a person has— (a) more than one conviction for a sexual offence; (b) been convicted of a sexual offence which was accompanied by violence or threats of violence; or (c) been...

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.

(1) A person who, while being a citizen of, or permanently residing in Kenya, commits an act outside Kenya which act would constitute a sexual offence had it been committed in Kenya, is guilty of such an offence and is liable to the same penalty prescribed for such offence under this Act. (2) A...

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.

(1) An act is intentional and unlawful if it is committed— (a) in any coercive circumstance; (b) under false pretences or by fraudulent means; or (c) in respect of a person who is incapable of appreciating the nature of an act which causes the offence. (2) The coercive circumstances,...

(1) If in proceedings for an offence under this Act, it is proved— (a) that any of the circumstances specified in subsection (2) existed; and (b) that the accused person knew that those circumstances existed, the complainant is to be taken not to have consented to the act unless sufficient...

(1) If in proceedings under this Act it is proved that the accused person committed any offence and that any of the circumstances specified in subsection (2) existed, it is to be conclusively presumed— (a) that the complainant did not consent to the commission of that act; and (b) that the...

The Minister shall— (a) prepare a national policy framework to guide the implementation, and administration of this Act in order to secure acceptable and uniform treatment of all sexual related offences including treatment and care of victims of sexual offences; (b) review the policy framework...

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— (a) any matter which is required or permitted by this Act to be prescribed by regulations;...

The Chief Justice may make rules of Court for the implementation of this Act.

The provisions of the First Schedule shall apply.

The Acts identified in the Second Schedule are amended in the manner set out in the Schedule.