Section 40 of Sexual Offences Act: 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.
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- 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.