- Section 1 of Sexual Offences Act: Short title
This Act may be cited as the Sexual Offences Act, 2006.
- Section 2 of Sexual Offences Act: Interpretation
(1) In this Act, unless the context otherwise requires—
“act which causes penetration” means an act contemplated under this Act;
“child” has the meaning assigned thereto in the Children Act, 2001 (No. 8 of 2001);
“complainant” means the Republic or the alleged victim of a sexual offence and...
- 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...
- Section 4 of Sexual Offences Act: 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 for imprisonment for a term which shall not be less than five years but which may be enhanced to...
- Section 5 of Sexual Offences Act: 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 person except where
such penetration is carried out for proper and professional hygienic or...
- Section 6 of Sexual Offences Act: 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 the act;
(b) a third person;
(c) that other person himself or herself; or
(d) an object,...
- Section 7 of Sexual Offences Act: 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 conviction to imprisonment for a term which shall not be less than ten years.
- Section 8 of Sexual Offences Act: 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 less shall upon conviction be sentenced to imprisonment for life.
(3) A person who commits an...
- Section 9 of Sexual Offences Act: 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 with a child is liable upon conviction to imprisonment for a term of not less than ten years....
- Section 10 of Sexual Offences Act: 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 commit the offence of rape or defilement is guilty of an offence termed gang rape and is liable upon...
- Section 11 of Sexual Offences Act: 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 ten years.
(2) It is a defence to a charge under subsection (1) if it is proved that such child...
- Section 11A of Sexual Offences Act: 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 of Sexual Offences Act: 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 child any article which is intended to
be used in the performance of a sexual act with the intention...
- Section 13 of Sexual Offences Act: 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 of Kenya, with the intention of facilitating the commission of any sexual offence against that...
- Section 14 of Sexual Offences Act: 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 Kenya, with the intention of facilitating the commission of any sexual offence against a child,...
- Section 15 of Sexual Offences Act: 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 obscene or indecent exhibition or show;
(b) acts as a procurer of a child for the purposes of sexual...
- Section 16 of Sexual Offences Act: 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 intention of encouraging or enabling a child to engage in sexual acts;
(aa) sells, lets to hire,...
- Section 17 of Sexual Offences Act: 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 prostitution,
and does so for or in expectation of gain for him or herself or a third person, is guilty of...
- Section 18 of Sexual Offences Act: 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 person during or after
the journey in any part of the world, which if done will involve the...
- Section 19 of Sexual Offences Act: 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—
(a) commits any offence under this Act with such person with
disabilities;
(b) invites, persuades...
- Section 20 of Sexual Offences Act: 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 is guilty of an offence termed incest and is liable to imprisonment for a term of not less than ten...
- Section 21 of Sexual Offences Act: 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 son, father, grandson grandfather, brother, nephew or uncle.
- Section 22 of Sexual Offences Act: 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 degree and a mother includes a half mother and an aunt of the first degree whether through lawful...
- Section 23 of Sexual Offences Act: 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 unwelcome, is guilty of the offence of sexual harassment and shall be liable to imprisonment for a...
- Section 24 of Sexual Offences Act: 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 official position and induces or seduces any inmate or inhabitant of such jail or institution, remand...
- Section 25 of Sexual Offences Act: 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 sexual relationship existed between that person and the other person.
(2) Subsection (1) does not...
- Section 26 of Sexual Offences Act: 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 permits the doing of anything which he or she knows or ought to reasonably know—
(a) will infect...
- Section 27 of Sexual Offences Act: 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 (b) overpowering that person,
so as to enable any person to engage in a sexual activity with that...
- Section 28 of Sexual Offences Act: 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—
(a) stupefying; or
(b) overpowering another person,
so as to enable any person to engage in a sexual...
- Section 29 of Sexual Offences Act: 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 conviction to imprisonment for a term of not less than ten years.