THE SEXUAL OFFENCES (AMENDMENT) BILL' 2016
ENACTED by the Parliament of Kenya, as follows-
1. This Act may be cited as Sexual Offences (Amendment) Act, 2016.
2.T'he Sexual Offences Act, (in this Act referred to as Amendment or
"the principal Act") is amended in section
(a) deleting the definition of "indecent act" and substituting therefor the following definition-
"indecent act" includes an unlawful intentional act which causes-
(i) any contact between any part of the body of a person with the genital organs, breasts or buttocks of
another, but does not include an act that causes penetration;
(ii) exposure or display of any genital organs, breasts, buttocks or pornographic material to any person
against his or her will;
(b) deleting the definition of "Minister" and substituting therefor the following definition-
"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to
legal affairs and public prosecutions";
3. Section 26 of the principal Act is amended in amendment or paragraph, O) and substituting therefor the
words "Cabinet
Secretary."
4. Section 30 of the principal Act is amended by Amendment of deleting the word "fifty'] appearing
immediately after words "fine of not less than" and substituting therefor the words "five hundred".
5. The principal Act is amended by inserting the following section immediately after section
30 A. (1) An employer shall confirm that a person seeking employment to a position of care or access to
children or any vulnerable person has not been charged or convicted of an offence under this Act.
(2) An employer who knowingly employs a convicted sexual offender in a position of care or access to
children or any vulnerable person commits an offence and is liable upon conviction to imprisonment for a
term not exceeding three years or to a fine not exceeding one million shillings or to both.
6.Section35 of the principal Act is amended-
(a) in subsection (3) by deleting the word "Minister" and substituting therefor the words "Cabinet
Secretary."
(b) in subsection (5) by deleting the word "Minister" and substituting therefor the words "Cabinet
Secretary"
7, Section 36 of the principal Act is amended-
(a) in subsection (4) by deleting the word "Minister" and substituting therefor the words "Cabinet
, Secretary."
(b) in subsection (6) by inserting the word "semen" immediately after the word 'ourine" appearing in
paragraph (a).
(c) in subsection (7) by deleting the word "Minister" appearing in paragraph (b) and substituting
therefor the words "Cabinet Secretary" .
8. Section 37 of the principal Act is amended in subsection (l) by deleting the word "of one" appearing
irnmediately after the word "fine" and substituting therefor the words 'not exceeding five".
9. The principal Act is amended by inserting the following new sections immediately after section 40-
Amendment of section 36 of Cap.
Prohibition of plea bargaining.
40A. Any person who, in order to conceal a sexual offence,-
(a) solicits for money, domestic animals or any other property as compensation from the suspect;
Special units for sexual offences.
Government to undertake education and promotion of public awareness.
(b) marries off the victim to the suspected offender;
(c) prevents police officers from conducting investigations; or
(d) distorts evidence or the scene of crime; commits in offence and shall on conviction, be liable to
imprisonment for a term of not less than five years or to a fine of not less than five hundred thousand
shillings or to both
408. (1) The Cabinet Secretary responsible for national security the National Police service shall ensure
that all police stations have special units to deal with sexual offences.
(a) ensure that police officers are specifically trained in handling and investigating sexual offences;
(b) establish one special units within the Service in each county to handle sexual offences.
(2) The special units referred in subsection (1) shall be equipped with modern equipment and facilities for
carrying out investigations.
(3) All police stations shall have officers specifically trained in handling and investigating sexual offences
40C. (1) The national and county governments shall promote public awareness on sexual offences
through a comprehensive nation-wide education and information campaign conducted by the Govemment
through the relevant Ministries, departments, authorities and other agencies.
(2) The education and information campaign referred to in subsection (1) shall focus on sexual offences
and shall be carried
ENACTED by the Parliament of Kenya, as follows-
1. This Act may be cited as Sexual Offences (Amendment) Act, 2016.
2.T'he Sexual Offences Act, (in this Act referred to as Amendment or
"the principal Act") is amended in section
(a) deleting the definition of "indecent act" and substituting therefor the following definition-
"indecent act" includes an unlawful intentional act which causes-
(i) any contact between any part of the body of a person with the genital organs, breasts or buttocks of
another, but does not include an act that causes penetration;
(ii) exposure or display of any genital organs, breasts, buttocks or pornographic material to any person
against his or her will;
(b) deleting the definition of "Minister" and substituting therefor the following definition-
"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to
legal affairs and public prosecutions";
3. Section 26 of the principal Act is amended in amendment or paragraph, O) and substituting therefor the
words "Cabinet
Secretary."
4. Section 30 of the principal Act is amended by Amendment of deleting the word "fifty'] appearing
immediately after words "fine of not less than" and substituting therefor the words "five hundred".
5. The principal Act is amended by inserting the following section immediately after section
30 A. (1) An employer shall confirm that a person seeking employment to a position of care or access to
children or any vulnerable person has not been charged or convicted of an offence under this Act.
(2) An employer who knowingly employs a convicted sexual offender in a position of care or access to
children or any vulnerable person commits an offence and is liable upon conviction to imprisonment for a
term not exceeding three years or to a fine not exceeding one million shillings or to both.
6.Section35 of the principal Act is amended-
(a) in subsection (3) by deleting the word "Minister" and substituting therefor the words "Cabinet
Secretary."
(b) in subsection (5) by deleting the word "Minister" and substituting therefor the words "Cabinet
Secretary"
7, Section 36 of the principal Act is amended-
(a) in subsection (4) by deleting the word "Minister" and substituting therefor the words "Cabinet
, Secretary."
(b) in subsection (6) by inserting the word "semen" immediately after the word 'ourine" appearing in
paragraph (a).
(c) in subsection (7) by deleting the word "Minister" appearing in paragraph (b) and substituting
therefor the words "Cabinet Secretary" .
8. Section 37 of the principal Act is amended in subsection (l) by deleting the word "of one" appearing
irnmediately after the word "fine" and substituting therefor the words 'not exceeding five".
9. The principal Act is amended by inserting the following new sections immediately after section 40-
Amendment of section 36 of Cap.
Prohibition of plea bargaining.
40A. Any person who, in order to conceal a sexual offence,-
(a) solicits for money, domestic animals or any other property as compensation from the suspect;
Special units for sexual offences.
Government to undertake education and promotion of public awareness.
(b) marries off the victim to the suspected offender;
(c) prevents police officers from conducting investigations; or
(d) distorts evidence or the scene of crime; commits in offence and shall on conviction, be liable to
imprisonment for a term of not less than five years or to a fine of not less than five hundred thousand
shillings or to both
408. (1) The Cabinet Secretary responsible for national security the National Police service shall ensure
that all police stations have special units to deal with sexual offences.
(a) ensure that police officers are specifically trained in handling and investigating sexual offences;
(b) establish one special units within the Service in each county to handle sexual offences.
(2) The special units referred in subsection (1) shall be equipped with modern equipment and facilities for
carrying out investigations.
(3) All police stations shall have officers specifically trained in handling and investigating sexual offences
40C. (1) The national and county governments shall promote public awareness on sexual offences
through a comprehensive nation-wide education and information campaign conducted by the Govemment
through the relevant Ministries, departments, authorities and other agencies.
(2) The education and information campaign referred to in subsection (1) shall focus on sexual offences
and shall be carried
