Embracing teenage sexuality: Let’s rethink the age of consent in Kenya

william_asekaAuthor: William Aseka
Human Rights Lawyer

When the Court of Appeal in Eliud Waweru Wambui v Republic Criminal Appeal No 102 of 2016, raised the issue of reducing the age of consent for adolescent, there was panic in the whole country. Everyone including leading renowned children rights advocates rejected this idea even without reading the judgment of the court. The judges in this case stated it is rather immature for adults to think that ‘teenagers and maturing adults, do not engage in, and often seek sexual activity with their eyes fully open’. The judges were of the opinion that even though teenagers might not have attained the age of majority, they may have ‘reached the age of discretion’. However, before this case, the High Court in CKW v Attorney General & Director of Public Prosecution stated that the offense of defilement under the Section 8 of the Sexual Offences Act is for the best interest of the child. In CKW case, unlike the Eliud Waweru the accused was a teenager like the victim. In fact, at the time of the offense occurring, both parties were sixteen years of age. The stark reality is that a consensual sexual relationship between two 16-year-olds is a criminal offense in Kenya. These draconian and puritanical laws are largely the product of a conservative political culture that has transformed the fight against child molestation into a full-blown war on teenage sexuality. We now live in a moral milieu so toxic and muddled that we lump together as “sex offenders” teenagers who send nude photos to each other with clergymen who rape toddlers. A first step toward reversing this madness — and actually protecting the health and safety of teenagers — would be to revise the age of consent downward to a threshold in accordance with those of other nations.

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The upcoming Hate Crimes Bill: A welcome development in the fight against xenophobia and hate crimes in South Africa

Gideon MuchiriAuthor: Gideon Muchiri
LLD student, Department of Jurisprudence, University of Pretoria

The Department of Justice and Constitutional Development (DOJCD) of South Africa is working on the Prevention and Combating of Hate Crimes Bill,[1] due for tabling in Parliament in September 2016. This Bill, if enacted into law, will strengthen the role of law enforcement officials including the police, the National Prosecuting Authority (NPA) and courts in holding perpetrators of hate crimes, including xenophobic conduct, legally accountable for not only the criminal acts committed, but also for the hate motive. The new law will foster a rights-based approach to enhancement of the rights of victims and thus send a clear and unequivocal message to the society that crimes motivated by hate and xenophobia will not be tolerated in South Africa and are subject to punishment.

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