The Sexual Offences (Amendment) Bill, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Nationwide Awareness Campaigns Mandated
Under the proposed Section 46A(1)(a), the Cabinet Secretary responsible for legal affairs is required to promote public awareness on sexual offences through nationwide education and information campaigns.
Educational Protections for Victims and Pregnant Teens
The new Section 46A(1)(b) mandates the Cabinet Secretary, in consultation with the Cabinet Secretary for education, to establish programs to safeguard, protect, and promote the right to education of victims of sexual offences, explicitly including victims of teenage pregnancy.
Constitutional Alignment of Terms
The Bill replaces the term 'Minister' with 'Cabinet Secretary' across multiple sections (including Sections 2, 26, 35, 36, 46, and 47) to update the statute in accordance with the current Constitution of Kenya.
Bill No.
No. 78 of 2023
Gazette No.
Supplement No. 246
Sponsor
Doris Donya Aburi
Background
The Sexual Offences (Amendment) Bill, 2023 proposes key amendments to the Sexual Offences Act, 2006 (No. 3 of 2006). The legislative purpose of this amendment is to promote national public awareness of sexual offences, safeguard the right to education for victims of sexual offences (with specific protections for those experiencing teenage pregnancy), and align the phrasing of the principal Act with the 2010 Constitution of Kenya.
Key Amendments
- Terminological Alignment: The Bill systematically replaces the word "Minister" with "Cabinet Secretary" throughout several clauses of the principal Act, including Section 26(7), Section 35(3) and (5), Section 36(4) and (7), Section 46, and Section 47.
- Updated Definition: Clause 2 amends Section 2 of the principal Act to define "Cabinet Secretary" as the Cabinet Secretary for the time being responsible for matters relating to legal affairs.
- Insertion of Section 46A: Clause 7 inserts a new Section 46A immediately after Section 46, creating statutory mandates for public education and victim assistance programs.
New Obligations
The Bill imposes specific new responsibilities on the Cabinet Secretary responsible for legal affairs, which must be executed under the newly introduced Section 46A:
- Public Campaigns: The Cabinet Secretary must design and execute nationwide education and information campaigns to raise public awareness of sexual offences.
- Inter-Ministerial Collaboration on Education: The Cabinet Secretary must consult and collaborate with the Cabinet Secretary responsible for education to establish programs that protect, safeguard, and promote the educational rights of victims of sexual offences, specifically highlighting victims of teenage pregnancy.
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