Chief Justice David Maraga now says that the law is discriminating against boys on matters sexual offences.
Speaking during the launch of a two-day peer learning seminar on criminal justice system on gender-based violence in Nairobi on Thursday, the CJ blamed gaps in the criminal justice system for the same.
The Judiciary head stressed on the need for Parliament to review the constitution, noting that most boys end up in jail for experimenting on their adolescence.
“There is an obvious injustice of filling up the jails with teenage offenders who get intimate with fellow teenagers as they experiment in their adolescence,” said Maraga.
He expressed dissatisfaction with Parliament's decision to throw out an attempt to propose the changes two years back, a proposal that sought to have sexual cases between minors handled with discretion.
He now wants cases between teens aged between 17 and 20 years handled differently, in concurrence with the Federation of Women Lawyers (FIDA) which wanted section eight of the Sexual Offences Act amended.
"Unfortunately the Bill was shot down, this it is an area which needs to be seriously thought about. I have no problem whatsoever when the perpetrator is an old man, but when it comes to boys and girls between 17 years and 20 years, I have a problem with that,” he added.
In its proposal, which the CJ is in agreement with, FIDA wanted sex between the age group decriminalised, in a bid to save the boy child who has been carrying all the blame in such cases.