Why Supreme Court Judge Njoki Ndungu is against lowering age of consent

An intense debate continues after three Court of Appeal judges proposed an amendment to the Sexual Offences Act to have the age of consent lowered from 18 to 16 years.

However,Supreme Court judge Njoki Ndungu has expressed her reservations on a decision by the Court of Appeal lowering the age of sexual consent from 18 to 16 years.

Njoki who pushed for the sexual offences act during her tenure in parliament, says the decision of the court was ill advised and would lead to an increase in sexual abuse crimes.

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The decision by the 3 judge bench Roselyn Nambuye, Daniel Musinga and Patrick Kiage, remains a subject of controversy.

In the ruling the judges cited that time was ripe for the country to consider changing the Sexual Offences Act, citing lengthy jail terms imposed on young men convicted of defilement.

It is a ruling that has seen Supreme Court judge Njoki Ndung’u wade into the conversation citing her reservations.

Ndung’u who was attending the official launch of Women Led Social Justice Centre in Mwandoni area, Kisauni Sub County in Mombasa accompanied by UK ambassador to Kenya Nic Hailey, director of public prosecution Noordin Haji and the DCI George Kinoti, called for a collaborative engagement between the public and the police to stem rising cases of social crime against women.

Kinoti said his office will not hesitate to investigate domestic violence crimes against women perpetrated by police urging the public to be quick to report any violations of human rights to relevant Authorities.

DPP Nordin Haji said it is important to guard against women’s rights.

British High Commission to Kenya Nic Hailey committed to help Kenya address cases of gender violence.

An amendment to the Sexual Offences Act was presented to Parliament through the Statue Law (Miscellaneous Amendment Bill) 2016, it seeks to change the age for consensual sex to 16 years.

If the proposed amendment goes through, it will be legal for 16-year-olds to engage in consensual sex and even get married.

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