The Children’s Act, 2001, defines a child as anyone under the age of 18 years, and entitles children to protection from all forms of violence and abuse.
However three appellate judges have called for a candid national discussion on this sensitive and important matter on lowering the age of sexual consent saying there is need to amend the Sexual Offences Act because some sections can lead to injustice contrary to the noble intentions of the law.
“Our prisons are teeming with young men serving lengthy sentences for having had sexual intercourse with adolescent girls whose consent has been held to be immaterial because they were under 18 years.
“The wisdom and justice of this unfolding tragedy calls for serious interrogation,” Court of Appeal judges Roselyn Nambuye, Daniel Musinga, and Patrick Kiage argue.
Nairobi woman representative Esther Passaris sides with the judges. She says that the teenage pregnancy plague and cases of jailing young men over sex offences will decline should the age for legal sex be lowered.
“Our children are already having sex. Lowering the age would make it possible to establish and implement the comprehensive sex education curriculum that will enable young people to understand sex. It would also make contraceptives available for young girls and help them avoid unplanned pregnancies,” Ms Passaris said.