Last Change:

08/18/2025

Act No. 3 of 2006, The Sexual Offences Act 2006

Year: 2006

Type: Domestic law

Rights Category: Liberty & security of person, Social protection

Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2006/en/41526?prevDestination=search&prevPath=/search?keywords=Sexual+Offences+Act&order=desc&sm_country_name%5B%5D=Kenya&sort=score&result=result-41526-en
Description

This Act criminalizes various forms of sexual violence and provides mechanisms for the protection and support of survivors.

Selected provisions
Section 3 - 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
intimidation of any kind.
(2) In this section the term “intentionally and unlawfully” has the meaning assigned to it in section 43 of this Act.
(3) A person guilty of an offence under this section is liable upon conviction to imprisonment for a term which shall not be less than ten years but which may be enhanced to imprisonment for life.

Section 4 - 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 imprisonment for life.

Section 5 - 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 medical purposes;
(b) manipulates any part of his or her body or the body of another
person so as to cause penetration of the genital organ into or by any
part of the other person’s body, is guilty of an offence termed sexual assault.
(2) A person guilty of an offence under this section is liable upon conviction to imprisonment for a term of not less than ten years but which may be enhanced to imprisonment for life.