Lobbying The Sexual
Offences Act 2006
Hon. Njoki S. Ndungu, EBS, MP.
LOBBYING & ADVOCACY FOR
LEGISLATIVE CHANGE
 * HISTORY OF WOMENS RIGHTS IN
KENYAN PARLIAMENT
 CONSTITIONAL PROVISIONS S.84 (Drawback
Clauses)
 FATE OF WOMEN’S RIGHTS BILLS SINCE
INDEPENDENCE:REPEAL OF AFFLIATION ACT 1974
 LOPSIDED LAW OF SUCCESSION 1981
 AFFIRMATIVE ACTION MOTION 1995 AND 1999
HISTORY
 Equality Bill Motion of 2000
 Referendum on the New Constitution for Kenya
2005. (Women's right to represent right+affirmative
action+Inheritance.
 Domestic Violence (Family Protection) Bill
(Shelved in 1996)
ENVIRONMENT
 18 WOMEN OUT OF 224 MEMBER OF
PARLIAMENT (222 MPs + Speaker + AG)
 2 WOMEN IN THE 28 MEMBER CABINET 6
ASSISTANT MINISTERS OUT OF OVER 40
ASSISTANT MINISTERS
 NO PARLIAMENTARY POLICY ON MATERNITY
WOMEN’S REPRODUCTIVE HEALTH, HANDBAGS,
SEXUAL HARRASSMENT, TOILET FACILITIES
OUTSIDE CHAMBER
 “PLAQUE ‘FOR THE JUST GOVERNMENT OF
MEN;”
ENVIRONMENT
 Government in Transition – Gender
Ministry and Gender Commission and
National Human Rights Commission
 Civil Society in transition, brink of
collapse
 Regional Factors outside of Kenya
(rape cases of Zuma and Besyige)
Parliamentary Process
 “Private Members Bills vs Government Bills.
 Success Factor on PM Bills – Not good
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Hon JM Kariuki
Hon. Olo Aringo
Hon. Joe Donde
Hon. Eng. Karue
Hon. G.G Kariuki
1968 Hire Purchase
Parliamentary Service Comm
Banking Bill
Constituency Development Fund
Wildlife Bill
All Challenged by the GOK
Parliamentary Procedure to get a
PMB
a)
b)
c)
d)
e)
f)
Motion to seek permission (debate)
Research and materials
Expense
Queuing in the motions line
Political party sponsorship
Media strategy
The Bill: technical aspects
 Research
 Drafting
 Experts
 Main Challenges: Funding, Time, timing
and other resources.
The Bill: Political Aspects
 Addressing the conservative culture;
 Engaging with Chauvinism and gender power
relations:
 Managing the Political Divide in the House;
 Preparing a professionally done public
relations media strategy
RESEARCH
 A CLEAR STATEMENT OF THE PROBLEM
 CRIMINAL STATISTICS
 MEDICAL STATISTICS
 LEGAL ANALYSIS – DO WE NEED A NEW LAW;
WHATS WRONG WITH WHAT WE HAVE?
 NEW OFFENCES REQUIRED?
 NEW PENALTIES?
 ACCESS TO JUSTICE
 ACCESS TO MEDICAL TREATMENT
 DEALING WITH SILENCE AND STIGMA
PARTNERSHIPS AND
NETWORKING
 WOMEN IN LAW AND DEVELOPMENT IN
AFRICA (WILDAF KENYA)
 NARIOBI WOMENS HOSPITAL
 STEADMAN GROUP
 SCAN AD & CINEARTS
 ASSOCIATION OF SISTERS IN KENYA
Partnerships & networking

PARLIAMENTARY COMMITTEE ON ADMINISTRATION OF
JUSTICE AND LEGAL AFFAIRS.

PARLIAMENTARY JOURNALISTS ASSOCIATION

KENYA WOMEN PARLIAMENTARY ASSOCIATION
(KEWOPA)

COMMISSIONER OF POLICE

ATTORNEY GENERAL
LOBBYING AND ADVOCACY
 RAISING AWARENESS ON THE CRIME THROUGH THE
PRINT AND ELECTRONIC MEDIA
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TALKSHOWS
RADIO AND TV INTERVIEWS
PUBLIC DEBATES AND FORUMS
WRITING OF ARTICLES AND COLUMNS
FRONTPAGING AND HEADLINING THE ISSUE
(STRATEGY WITH NATION MEDIA GROUP)
 DOCUMENTARY
 ORGANISING TALKS AND MEETINGS WITH
INFLUENTIAL GROUPS (ROTARY,
LOBBYING AND ADVOCACYstrategies
 Male opposition seconder to the Bill
 Engaging the Generals - Political Party heads
 One-on- One interactions with MPs to
personalize the issue
 One-on One with Media owners
 Non- threatening messages to MPs
 A solid male medical doctor as the male face of
the Campaign: Dr. Sam Thenya
 Getting survivors to testify
LOBBYING AND ADVOCACYstrategies
 Workshops to raise awareness on Sexual Violence
and the proposed law for
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Religious Sector
Private Sector
CJLA
PJA
Editors
Doctors
Police
LOBBYING AND
ADVOCACY- strategies
 Outreach to Secondary Actors
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MPs wives
MPs families
MPs churches or religious institution
MPs constituents (women and opinion leaders)
Bishops
Imams
Women and Human Rights NGOs
The Art of Negotiation/Navigation
 Bring a full plate to the table, put as many
controversial issues as possible!
 Focus on children and the elderly
 Using a feminine feminist approach
 Expect the unexpected.
The “official” opposition
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MPs’ who were articulate and influential in
parties.
Professionals: Many Lawyers and Doctors
The Jacob Zuma/ Besigye Factor
The Traditionalists: How do we speak about
sexuality in public?
The Chauvinists: Thinking for the African
Woman!
The Debate
•
•
•
•
Release of the Steadman Report
Workshop for MPs (with survivors)
Moving the Bill
Onslaught from an organized opposition
The Debate
• Downgrading the debate
• Two weeks reprieve
• Debate back on track
• Strategy to counter the opposition on the Second
reading
• Introduction of harmful amendments at the
Committee stage before the third reading
The Bill becomes Law!!
 Assent in July 2006
 Establishment of Multi-sectoral Task Force on
the Implementation of the Act in 2007
 Amendments made in September 2007
 Development of official curriculum in place
 Evaluation of first TOT done –challenges in
attitude of judicial and police officers
Challenges
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Expensive
Labour-Intensive
Lack of traditional support
Harmful methods of lobbying –
Political/Parliamentary process is more complex
than it seems.
SCHEDULE OF OFFENCES AND PUNISHMENTS UNDER THE SEXUAL
OFFENCES ACT.
PROVISION
OFFENCE
SENTENCES
Section 3
Rape
Imprisonment for not less than 10
years and may be enhanced to
Imprisonment for Life.
Section 4
Attempted Rape
Imprisonment for not less than 5
years and may be enhanced to
Imprisonment for Life.
Section 5
Sexual Assault
Imprisonment for not less than 10
years and may be enhanced to
Imprisonment for Life.
Section 6
Compelled Or Induced
Sexual Acts
Imprisonment for not less than 5
years
Section 7
Acts that Cause
Penetration or Indecent
acts done within the view
of a Child or a Mentally
Disabled person
Imprisonment for not less than 10
years
Section 8
Defilement
Of a child of 11 years or less
imprisonment for life
Of a child of 12-15 years
imprisonment of not less than 20
years
Of a child of 16 – 18 years
imprisonment of not less than 15
years
Section 9
Attempted Defilement
Imprisonment of not less than 10
years
Section 10
Gang Rape
Imprisonment for not less than 15
years and may be enhanced to
Imprisonment for Life.
Section 11
Indecent Act with a Child
Imprisonment for not less than 10
years
Section 12
Promotion of Sexual
Offences with a Child
Imprisonment for not less than 5
years or a fine of not less than
500,000 Kenyan Shillings.
Section 13
Child Trafficking
Imprisonment for not less than 10
years, and if a Juristic person a fine
of not less than 2 Million Kenyan
Shillings.
Section 14
Child Sex Tourism
Imprisonment for not less than 10
years, and if a Juristic person a fine
of not less than 2 Million Kenyan
Shillings.
Section 15
Child Prostitution
Imprisonment for not less than 10
years.
Section 16
Child Pornography
Imprisonment for not less than 6
years, or to a fine of not less than
500,000 Kenyan Shillings, or both.
Section 17
Exploitation of Prostitution
Imprisonment for not less than 5
years, or to a fine of not less than
500,000 Kenyan Shillings, or both.
Section 18
Trafficking for Sexual
Exploitation
Imprisonment for not less than 15
years, or to a fine of not less than 2
Million Kenyan Shillings, or both.
Section 19
Prostitution of Persons with
Mental Disabilities
Imprisonment for not less than 10
years, and if a Juristic person a fine
of not less than 2 Million Kenyan
Shillings.
Section 20
Incest by Male Persons
Imprisonment for not less than 10
years
Section 21
Incest by Female Persons
Imprisonment for not less than 10
years
Section 23
Sexual Harassment
Imprisonment for not less than 3
years, or to a fine of not less than
100, 000 Kenyan Shillings.
Section 24
Sexual Offences relating to
Position of Authority and
persons in position of Trust
Imprisonment for not less than 10
years
Section 26
Deliberate transmission of
HIV or any other life
threatening Sexually
Transmitted Disease
Imprisonment for not less than 15 years
but may be enhanced to life.
Section 27
Administering Substance
with Intent
Imprisonment for not less than 10 years
Section 28
Distribution of Substance
by a Juristic Person
A Juristic Person can be fined for not
less than 5 Million Kenyan Shillings, or
the imprisonment of its Directors for not
less than 10 years, or both.
Section 29
Cultural and Religious
Sexual Offences
Imprisonment for not less than 10 years
Section 30
Non Disclosure of
Conviction of Sexual
Offences
Imprisonment for not less than 3 years,
or to a fine of not less than 50, 000
Kenyan Shillings, or both.
THE END.
THANK YOU.