Section 3 of Sexual Offences Act: Rape
(1) A person commits the offence termed rape if—
(a) he or she intentionally and unlawfully commits an act which causes penetration with his or her genital organs;
(b) the other person does not consent to the penetration; or
(c) the consent is obtained by force or by means of threats or intimidation of any kind.
(2) In this section the term “intentionally and unlawfully” has the meaning assigned to it in section 43 of this Act.
(3) A person guilty of an offence under this section is liable upon conviction to imprisonment for a term which shall not be less than ten years but which may be enhanced to imprisonment for life.
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- Section 4 - Attempted rape
Any person who attempts to unlawfully and intentionally commit an act which causes penetration with his or her genital organs is guilty of the offence of attempted rape and is liable upon conviction...
- Section 5 - Sexual assault
(1) Any person who unlawfully—
(a) penetrates the genital organs of another person with— (i) any part of the body of another or that person; or
(ii) an object manipulated by another or that...
- Section 6 - Compelled or induced indecent acts
A person who intentionally and unlawfully compels, induces or causes another person to engage in an indecent act with—
(a) the person compelling, inducing or causing the other person to engage in...
- Section 7 - Acts which cause penetration or indecent acts committed within the view of a family member, child or person with mental disabilities
A person who intentionally commits rape or an indecent act with another within the view of a family member, a child or a person with mental disabilities is guilty of an offence and is liable upon...
- Section 8 - Defilement
(1) A person who commits an act which causes penetration with a child is guilty of an offence termed defilement.
(2) A person who commits an offence of defilement with a child aged eleven years or...
- Section 9 - Attempted defilement
(1) A person who attempts to commit an act which would cause penetration with a child is guilty of an offence termed attempted defilement.
(2) A person who commits an offence of attempted defilement...
- Section 10 - Gang rape
Any person who commits the offence of rape or defilement under this Act in association with another or others, or any person who, with common intention, is in the company of another or others who...
- Section 11 - Indecent act with child or adult
(1) Any person who commits an indecent act with a child is guilty of the offence of committing an indecent act with a child and is liable upon conviction to imprisonment for a term of not less than...
- Section 11A - Indecent act with adult
Any person who commits an indecent act with an adult is guilty of an offence and liable to imprisonment for a term not exceeding five years or a fine not exceeding fifty thousand shillings or to both....
- Section 12 - Promotion of sexual offences with a child
A person including a juristic person who—
(a) manufactures or distributes any article that promotes or is intended to promote a sexual offence with a child; or
(b) who supplies or displays to a...
- Section 13 - Child trafficking
A person including a juristic person who, in relation to a child—
(a) knowingly or intentionally makes or organizes any travel arrangements for or on behalf of a child within or outside the borders...
- Section 14 - Child sex tourism
A person including a juristic person who—
(a) makes or organizes any travel arrangements for or on behalf of any other person, whether that other person is resident within or outside the borders of...
- Section 15 - Child prostitution
Any person who—
(a) knowingly permits any child to remain in any premises, for the purposes of causing such child to be sexually abused or to participate in any form of sexual activity or in any...
- Section 16 - Child pornography
(1) Any person including a juristic person who—
(a) knowingly displays, shows, exposes or exhibits obscene images, words or sounds by means of print, audio-visual or any other media to a child with...
- Section 17 - Exploitation of prostitution
Any person who—
(a) intentionally causes or incites another person to become a prostitute; and
(b) intentionally controls any of the activities of another person relating to that person’s...
- Section 18 - Trafficking for sexual exploitation
(1) Any person who intentionally or knowingly arranges or facilitates travel within or across the borders of Kenya by another person and either—
(a) intends to do anything to or in respect of the...
- Section 19 - Prostitution of persons with mental disabilities
(1) A person who, in relation to a person with mental disability, for financial or other reward, favour or compensation to such person with mental disability or to any other person, intentionally—...
- Section 20 - Incest by male persons
(1) Any male person who commits an indecent act or an act which causes penetration with a female person who is to his knowledge his daughter, granddaughter, sister, mother, niece, aunt or grandmother...
- Section 21 - Incest by female persons
The provisions of section 20 shall apply mutatis mutandis with respect to any female person who commits an indecent act or act which causes penetration with a male person who is to her knowledge her...
- Section 22 - Test of relationship
(1) In cases of the offence of incest, brother and sister includes half brother, half sister and adoptive brother and adoptive sister and a father includes a half father and an uncle of the first...
- Section 23 - Sexual harassment
(1) Any person, who being in a position of authority, or holding a public office, who persistently makes any sexual advances or requests which he or she knows, or has reasonable grounds to know, are...
- Section 24 - Sexual offences relating to position of authority and persons in position of trust
(1) Whoever being the superintendent or manager of a jail, remand home or children’s or any institution or any other place of custody established by or under any law takes advantage of his or her...
- Section 25 - Sexual relationships which pre-date position of authority or trust
(1) Conduct by a person which would otherwise be an offence under this Act against another person is not an offence under section 24 if, immediately before the position of authority or trust arose, a...
- Section 26 - Deliberate transmission of HIV or any other life threatening sexually transmitted disease
(1) Any person who, having actual knowledge that he or she is infected with HIV or any other life threatening sexually transmitted disease intentionally, knowingly and willfully does anything or...
- Section 27 - Administering a substance with intent
(1) Any person commits an offence if he intentionally administers a substance to, or causes a substance to be administered to or taken by, another person with the intention of—
(a) stupefying; or...
- Section 28 - Distribution of a substance by juristic person
(1) Any juristic person commits an offence if he intentionally distributes or administers a substance to, or causes a substance to be distributed by other persons with the intention of—...
- Section 29 - Cultural and religious sexual offences
Any person who for cultural or religious reasons forces another person to engage in a sexual act or any act that amounts to an offence under this Act is guilty of an offence and is liable upon...
- Section 30 - Non-disclosure of conviction of sexual offences
A person who has been convicted of a sexual offence and who fails to disclose such conviction when applying for employment which places him or her in a position of authority or care of children or any...
- Section 31 - Vulnerable witnesses
(1) A court, in criminal proceedings involving the alleged commission of a sexual offence, may declare a witness, other than the accused, who is to give evidence in those proceedings a vulnerable...
- Section 32 - Vulnerable witness to be notified of protective measures
(1) The prosecution shall inform a witness who is to give evidence in criminal proceedings in which a person is charged with the alleged commission of a sexual offence, or if such witness is a child,...
- Section 33 - Evidence of surrounding circumstances and impact of sexual offence
Evidence of the surrounding circumstances and impact of any sexual offence upon a complainant may be adduced in criminal proceedings involving the alleged commission of a sexual offence where such...
- Section 34 - Evidence of character and previous sexual history
(1) No evidence as to any previous sexual experience or conduct of any person against or in connection with whom any offence of a sexual nature is alleged to have been committed, other than evidence...
- Section 35 - Medical treatment orders
(1) A court shall upon conviction of a person having committed a sexual offence and if satisfied that the convicted person is dependent on or has the propensity to misuse alcohol, any drug or is...
- Section 36 - Evidence of medical, forensic and scientific nature
(1) Notwithstanding the provisions of section 26 of this Act or any other law, where a person is charged with committing an offence under this Act, the court may direct that an appropriate sample or...
- Section 37 - Keeping scene of crime secure, etc.
(1) Any person who intentionally interferes with a scene of crime or any evidence relating to the commission of an offence under this Act is guilty of an offence and is liable upon conviction to...
- Section 38 - Deleted by Act No. 12 of 2012, Sch.
Deleted by Act No. 12 of 2012, Sch.
- Section 39 - Supervision of dangerous sexual offenders
(1) A court may declare a person who has been convicted of a sexual offence a dangerous sexual offender if such a person has— (a) more than one conviction for a sexual offence;
(b) been convicted of...
- Section 40 - Attorney-General to decide whether police investigations should be discontinued
The decision as to whether the prosecution or investigation by any police officer of a complaint that a sexual offence has been committed should be discontinued shall rest with the Attorney-General.
- Section 41 - Extra-territorial jurisdiction
(1) A person who, while being a citizen of, or permanently residing in Kenya, commits an act outside Kenya which act would constitute a sexual offence had it been committed in Kenya, is guilty of such...
- Section 42 - Consent
For the purposes of this Act, a person consents if he or she agrees by choice, and has the freedom and capacity to make that choice.
- Section 43 - Intentional and unlawful acts
(1) An act is intentional and unlawful if it is committed— (a) in any coercive circumstance;
(b) under false pretences or by fraudulent means; or
(c) in respect of a person who is incapable of...
- Section 44 - Evidential presumptions about consent
(1) If in proceedings for an offence under this Act, it is proved—
(a) that any of the circumstances specified in subsection (2) existed; and
(b) that the accused person knew that those...
- Section 45 - Conclusive presumptions about consent
(1) If in proceedings under this Act it is proved that the accused person committed any offence and that any of the circumstances specified in subsection (2) existed, it is to be conclusively...
- Section 46 - National policy framework
The Minister shall—
(a) prepare a national policy framework to guide the implementation, and administration of this Act in order to secure acceptable and uniform treatment of all sexual related...
- Section 47 - Regulations
The Minister may, in consultation with the Ministers for the time being responsible for matters relating to Internal Security, Prisons, Social Services, Education and Health, make regulations...
- Section 47A - Chief Justice may make rules
The Chief Justice may make rules of Court for the implementation of this Act.
- Section 48 - Transitional provisions
The provisions of the First Schedule shall apply.
- Section 49 - Consequential amendments and repeals
The Acts identified in the Second Schedule are amended in the manner set out in the Schedule.