Supreme Court Judge Njoki Ndungu has opposed the amendment of the Sexual Offenses Act which stipulates that the age of sexual consent is 18 years.
Lady Justice Ndung'u's sentiments stemmed from the discussion of lowering the age of sexual consent from 18 to 16 years.
The judge declared her stand on the amendment of the Act, which was enacted in 2006, during a function that was organized by the Community Advocacy and Awareness Trust (CRAWN Trust).
“Any suggestion to amend the Sexual Offenses Act needs to take into consideration that we could undo a very carefully thought-out process of a law that is now protecting our children and citizens,” she stated as quoted by the Standard.
The Supreme Court Judge further noted that the Act had been misunderstood.
She clarified on the myth that the Act was unjust and targeted boys.
“People are saying the sentences are too harsh and too excessive and more recently, that young men are receiving minimum sentences. I would like to dispel this myth. The sexual offenses act was carefully negotiated and even at that time it was clear that no children would be sentenced to any minimum sentence,” Lady Justice Ndung'u said.
She pointed out that suspects who are below the age of 18 are sentenced under the Borstal Institutions Act or Children’s Act and not the Sexual Offenses Act as it was widely believed.
A report from the CRAWN Trust that was released on Tuesday indicated that a good number of Kenyans are not educated on matters of sex and therefore misinterpret the Sexual Offenses Act.