A lobby group from Embu advocating for the rights of the boy child has called for a review of sexual offenses laws.
The group says some of the laws are unjust and disproportionately punitive to young men leading to incarceration of many.
The Boy Child Justice Alliance particularly raised concern over defilement laws that impose severe and mandatory sentences including life imprisonment that impact young convicts’ ability to rebuild their lives.
Led by Organizing Secretary Patrick Nguu, the lobby group said these laws have denied perpetrators a chance to rebuild their lives thus limiting their chances of personal and professional development.
Speaking during a sensitization meeting with inmates at Embu G.K Prison on Wednesday, Nguu said harsher sentences have denied young men a chance to reform and reintegrate back to the society yet some could have been involved in consensual sexual activity.
He further said the laws have also created a gender bias as it is only the boy that is typically charged and punished in case of teenage relationships.
Nguu continued that convictions also do not favor perpetrators as the law provides that a conviction can be secured based on evidence of a single victim witness.
He said while the testimony of a single witness is sufficient in law, it could easily lead to wrongful conviction in case of unreliable or malicious testimony, adding the law should be reviewed to have several witnesses to collaborate evidence.
Nguu further suggested the introduction of scientific and technological methods such as forensic science to provide objective evidence that can identify perpetrators or exonerate the innocent.
“We have seen many inmates serving long sentences for crimes they never committed out of malice or lack of proper way of providing objective evidence,” he said.
Similarly, the organization Chair Elis Njeru lamented that the boy child has been marginalized not only legally but also in empowerment programs being run by the government.
He said whereas there are several government funds targeting women, none has been instituted to specifically address challenges facing men and boys.
“The boy child is the source of future generations. If he is neglected, the society risks losing its future,” he said, while calling on lawmakers to review some of these laws that serve to disenfranchise the boy child.
Prison Deputy in-Charge John Kanyugi expressed concern over the rising number of young men at the facility aged 25 years and below with defilement, drugs and alcohol forming the bulk of their cases.
“It is alarming to see such young men spend most of their productive lives in prison,” he said, while calling on the government and the society to work together to support young men to stay away from harm’s way.
He also appealed to the government to consider rehabilitation as an alternative to imprisonment for minor offenses to decongest prisons and also help them get their lives back on track fast.
“When offenders serve such lengthy sentences, they lose any chance of rebuilding their lives. Prisons are meant to correct, not just punish. Shorter sentences and alternative dispute resolution mechanisms should be considered,” he said.
By Samuel Waititu
