Parliament is considering legislation that would bar the informal settlement of sexual offences and require such cases to be handled through the formal judicial system.
The Sexual Offences (Amendment) Bill, 2025, National Assembly Bill No. 50 of 2025, sponsored by Garissa Woman Representative Amina Udgoon Siyad Kuno, seeks to introduce Section 40A to the Sexual Offences Act.
The proposed section states that offences under the Act “shall be prosecuted exclusively through the judicial system” and that any agreement, settlement or process purporting to settle such offences outside the formal judicial process would be void and have no legal effect.
Udgoon said sexual offences cause serious harm, particularly to women and children, and that some cases are still subjected to traditional or community dispute-resolution processes.
She said families or community elders may negotiate compensation or other settlements instead of pursuing cases through the courts.
The Bill cites Article 159(3) of the Constitution, which restricts the use of traditional dispute-resolution mechanisms where they contravene the Bill of Rights, are repugnant to justice or morality, or are inconsistent with the Constitution or written law.
- High Court redefines approach to teenage sex cases in landmark ruling
- Judges reopen debate over teenage consensual sex laws in Kenya
Udgoon also linked the proposal to Kenya’s obligations under international instruments, including the Convention on the Elimination of All Forms of Discrimination Against Women and the Maputo Protocol.
Nominated MP Sulekha Harun supported the proposal, arguing that sexual offences should be handled through the formal justice system rather than alternative dispute-resolution mechanisms.
The Bill comes amid other efforts to strengthen Kenya’s response to sexual and gender-based violence. In December 2025, the National Gender and Equality Commission welcomed an Interior Ministry directive requiring defilement cases to proceed through criminal prosecution without mediation, withdrawal or informal settlement.
Separately, the National Council on the Administration of Justice approved a 2026 Sexual Offences Amendment Bill addressing emerging offences including sextortion, voyeurism, stalking, grooming and the non-consensual sharing of intimate images.
The proposed Section 40A would prevent sexual offences under the Act from being settled through private agreements or traditional dispute-resolution processes.
– By John Murunga
Email your news TIPS to Editor@nairobilawmonthly.com, and to advertise with us, call +254715061658 anytime of the day
