Section 39 of Sexual Offences Act: 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 a sexual offence which was accompanied by
violence or threats of violence; or
(c) been convicted of a sexual offence against a child.
(2) Whenever a dangerous sexual offender has been convicted of a sexual offence and sentenced by a court to imprisonment without an option of a fine, the court shall order, as part of the sentence, that when such offender is released after serving part of a term of imprisonment imposed by a court, the prisons department shall ensure that the offender is placed under long-term supervision by an appropriate person for the remainder of the sentence.
(3) For purposes of subsection (2), long term supervision means supervision of a rehabilitative nature for a period of not less than five years.
(4) A court may not make an order referred to in subsection (2) unless the court has had regard to a report by a probation officer, social worker, or other persons designated by the court for the purposes of this section as such, which report shall contain an exposition of—
(a) the suitability of the offender to undergo a long-term supervision order;
(b) the possible benefits of the imposition of a long-term supervision order on the offender;
(c) a proposed rehabilitative programme for the offender;
(d) information on the family and social background of the offender;
(e) recommendations regarding any conditions to be imposed upon the granting of a long-term supervision order; and (f) any other matter directed by the court.
(5) An order referred to in subsection (2) shall specify—
(a) that the offender is required to take part in a rehabilitative programme;
(b) the nature of the rehabilitative programme to be attended;
(c) the number of hours per month that the offender is required to undergo rehabilitative supervision; and
(d) that the offender is required, where applicable, to refrain from using or abusing alcohol or drugs.
(6) An order referred to in subsection (2) may specify that the offender is required to—
(a) refrain from visiting a specified location;
(b) refrain from seeking employment of a specified nature; and (c) subject himself or herself to a specified form of monitoring.
(7) A long-term supervision order made by a court in terms of this section shall be reviewed by that court within three years from the date on which the order was made or within such shorter period as the court may direct upon referral by the Commissioner of Prisons of such an order to that court for review.
(8) Upon making a long-term supervision order in terms of this section, the court shall explain to the victim, including the next of kin of a deceased victim, that they have the right to be present at the review proceedings referred to in subsection (7) and may make representations.
(9) A court which has granted a long-term supervision order in terms of this section may, upon evidence that a dangerous sexual offender has failed to comply with the order or with any condition imposed in connection with such order, direct that such an offender be—
(a) ordered to appear before that court or another court of similar or higher jurisdiction at a specified place and on a specified date and time; or
(b) arrested and brought before such court.
(10) Upon the appearance of a dangerous sexual offender at a court pursuant to the provisions of subsection (9), the court shall direct the accused person to show cause for failure to comply with a long-term supervision order or with any condition imposed in connection with such order and the court may—
(a) confirm the original order and any conditions imposed in connection with such order;
(b) vary or withdraw such order or any conditions imposed;
(c) impose an additional condition or conditions; or (d) make any other order as the court deems fit.
(11) If a court has directed that a dangerous sexual offender is required to take part in a rehabilitative programme contemplated in this section, the court may order that the offender, upon being found by the court to have adequate means, shall contribute to the costs of such programme to the extent specified by the court.
(12) A person who has been declared a dangerous sexual offender and who does not comply with a supervision order in accordance with this section is guilty of an offence and is liable upon conviction to imprisonment for a term of not less than three years or to a fine of not less than fifty thousand shillings or to both.
(13) A register for convicted sexual offenders shall be maintained by the Registrar of the High Court and any person who has reasonable cause to so examine it may examine the register.