National Assembly Hansard: Wednesday, 7th October, 2026 - Morning Sitting

Serjeant-at-Arms, ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung) (Hon. Deputy Speaker consulted with Members) (The Quorum Bell was rung)

Order, Hon. Members. We now have quorum to proceed. Take your seats and settle down. Clerk-at-the-Table, read out the first Order.

Hon. Naomi Waqo, on behalf of the Leader of the Majority Party, please proceed.

Hon. Speaker, I beg to lay the following papers on the Table:

Are there any other papers to be laid? Next Order. The Member of Parliament for Msambweni Constituency requested a statement from the Cabinet Secretary for Environment, Climate Change and Forestry, but he is not present. Therefore, the request will be deferred.

Hon. Siyoi was on the Floor and had a balance of eight minutes. Is she around? She is not. We can proceed. Hon. Lesuuda, you wanted to contribute? Members who wish to contribute, please press the intervention button.

Thank you very much, Hon. Deputy Speaker. I rise to support the Sexual Offences (Amendment) Bill (National Assembly Bill No.50 of 2025), sponsored by Hon. Siyad Udgoon, the County Member of Parliament for Garissa County. I want to congratulate her for taking this very bold and brave step to bring this amendment to this Floor of the House.

As you know, it is very difficult to legislate matters that touch on social norms and things viewed from a cultural point of view. It can even cost you your seat. I am sure some people have told Hon. Udgoon that she is committing suicide by bringing this amendment.

However, people are judged or looked up to when they are courageous enough to bring such a Bill. Hon. Deputy Speaker, our children are protected. When someone stands for the most vulnerable in society, it is something that will be remembered for generations to come.

I have looked at the intent of this Bill, and I have noted that it introduces a new Section 40A to expressly provide that offences under the Sexual Offences Act shall be prosecuted exclusively through the formal judicial system. We know that in most parts of Northern Kenya, and even where I also come from, there are many children who, after they have been raped, have their cases taken before a kangaroo court at home, where people are fined. Some of them, even those who are pregnant, are forcibly made to abort their pregnancies. It is therefore important that we build on the great work of those who came before us in this House, like Hon. Justice Njoki Ndung'u, when she brought the Sexual Offences Act. We must build on it, celebrate her work, and strengthen it to ensure that all children across the country are protected and cared for.

Hon. Deputy Speaker, once this Bill is passed in this House, it will ensure that every child gets justice by going to court and by people presenting their evidence. The Constitution and the laws of this land will guide it. Hon. Udgoon, I believe you have thought this through, and the Bill is timely. This is because, as you mentioned when you moved this Bill, sexual offences are crimes against the State, not private wrongs. So, this should not be treated as a private matter for families to discuss and agree on.

Hon. Mugambi, I can see you are number one on the list. Let us have Hon. Kitur.

Thank you very much, Hon. Deputy Speaker, for giving me the opportunity to contribute to these very important amendments. In the upshot, I want to congratulate Hon. Udgoon Siyad Kuno for bringing such a progressive amendment to the House to amend Section 40 of the Sexual Offences Act.

First of all, Hon. Deputy Speaker, I am a parent, and I am blessed with a boy and a girl. There are instances where girls or even boys have been molested, or such shameful acts have been committed against them. Many times, they use dubious ways to resolve such issues; for instance, communities come together, and an elder steps in when something grievous has happened to a child or someone, using unorthodox methods to resolve such matters.

What Hon. Udgoon Siyad Kuno has brought into the House is very important for us to streamline. So that it is very clear that, if there are any issues around sexual offences, they have to go through the formal channels, that is, the judicial process. This includes Clause 40A, which provides that if police officers are investigating these matters, they cannot just drop those cases. They must go through the Office of the Director of Public Prosecutions (ODPP) for directions on whether to drop such cases.

It so happened also, Hon. Deputy Speaker, that recently, when I was the Chairperson of the Constitutional Implementation Oversight Committee (CIOC), I visited several prisons in Kenya, and found, sadly, that many of the people who are behind bars in this country, especially young people, are those who have offences relating to sexual offences. I have always said that we need to look into the fairness of the same for the boy child as well as men, vis-à- vis, of course, when discussing some of these things, because the law has been a bit unfair. However, in my view, on this particular law, Hon. Kuno, you have done very well to bring it to the Floor of the House.

Personally, I support this, but let us streamline it and make it very clear that nothing will be done in the villages. Elders will not simply sit and decide that today we are giving you two cows when someone’s life has been messed up, or tell someone that they need to go and abort. These are unorthodox ways of dealing with such matters. We need to be very progressive as a country. If a sexual offence has happened, let us handle it through the formal process. Let investigations be thorough, so justice and fairness prevail.

This will ensure that everybody understands they cannot commit an illegality or such an outdated and immoral act against someone. They will know there is no window through which they can negotiate their way out because they are wealthy or because they have some cows; they cannot simply pay their way out after committing such an offence.

What you have done is very good. It is transformative and progressive, and it will shape our society for the better. I want to thank you. You will be remembered for generations to come

Next is Hon. Nyamai. I have seen that Hon. Naomi Waqo and Hon. Kahindi Katana are also on the list. You will follow next.

Thank you, Hon. Deputy Speaker. I was getting ready, but let me go ahead and speak to this. I support and would like to thank Hon. Udgoon for this wonderful proposal. As a woman, a young lady, and knowing where she comes from, I want to say this is very important for this House.

This important piece of legislation will ensure that many women, especially younger women, are protected. It is going to ensure that people do not settle matters to do with sexual offences in kangaroo courts, or in what is referred to as Maslaha.

This is extremely unfair because, when some of the children in some parts of this country are exposed to sexual violence, it is settled within a household by people who feel that they are rich and can protect themselves. After all, they can settle it amongst people who have power. Whether it is the power of men or the power of women within a community, this Bill, brought by the Hon. Member, will address it.

This is not an issue affecting just one part of the country; it affects the entire country. Even in places where we would not expect sexual offences to occur, they are happening. It does not matter whether people are poor or rich, educated or not, or belong to any religion.

I want to congratulate the Member and support this Bill. It will also help to end impunity. We have seen this happening even at police stations. A matter may be reported at the family level and at the police station, but in some situations, police officers deal with it there. In some very unfair circumstances, money changes hands. This should not continue.

We should encourage our children, especially girls, to be bold and report sexual offences when they occur. Unfortunately, boys are also affected, and they should be encouraged to speak out too. We should also encourage children to take advantage of the training provided in schools, where sexual offences are addressed. This will enable them to learn how to report such matters and seek justice. Justice heals and sends a message to future offenders that such matters will be taken seriously.

I support the Bill, Hon. Deputy Speaker. Thank you for the opportunity.

Hon. Waqo.

Thank you very much, Hon. Deputy Speaker, for giving me this opportunity to add my voice to the Sexual Offences (Amendment) Bill (National Assembly Bill No. 50 of 2025). I also congratulate Hon. Udgoon on introducing this very helpful Bill.

Sexual offences occur in every part of this country, in communities, and even in homes where people expect girls to be safe. They also occur in offices, which is why this Bill is necessary. Many young women have suffered because, in some communities, including where I come from, people do not talk about sexual matters. It is even considered an offence. Those who are affected suffer silently. Once again, I congratulate Hon. Udgoon for being very bold and speaking about this matter in Parliament. This Bill will help rescue and revive the spirit of many young girls who are suffering in silence.

The principal object of the Bill is to amend the Sexual Offences Act (Cap. 63A) to strengthen the legal framework governing the prosecution of sexual offences in Kenya. Traditionally, many girls have suffered because different cultures and tribes deal with these matters as though they were a secret. They judge the girls. I know of cases where a girl who has been sexually abused ends up being the person who is accused and is subsequently excommunicated. Some girls who get pregnant are even excommunicated from their

Hon. Sabina Chege.

Thank you, Hon. Temporary Speaker. I want to add my voice in support of this amendment. I support the New Section 40A, where Hon. Udgoon wants any sexual offence to pass through the judicial system. We have several laws in this country, including customary law and religious laws such as Sharia law.

Sometimes, when these laws are applied, especially to these offences, they injure the victims. In many communities, when an offence is committed, elders can sit down and decide to settle it. Sometimes, they can exchange goats. Sometimes it can even be settled for a small fee or simply by asking for forgiveness.

Sexual offences, most of the time, injure the victims and leave a permanent mark. To reduce these offences, offenders must know that choices have consequences, especially when it comes to a sexual offence that injures the victim, whether it is a girl or a boy. Nowadays, you have seen some boys being molested and girls being raped. The legal justice system must follow its course and ensure that offenders are held accountable and punished.

Therefore, I support the Bill and congratulate my sister. Laws must be followed in this country. We must protect these victims. We must also ensure that the law is followed and that no one purports to settle such matters outside the law. Some precedents are being set nowadays in court, where you hear somebody saying that somebody had killed and the family had sat down and forgiven them.

Maybe I will use the wisdom of our Deputy Speaker at some point to find out where in law such offences are being negotiated and purported to have been settled, or where a family is said to have forgiven the other person. I am not privy to the privilege where families are now going to claim that they have settled matters, especially where life has been lost. In my view, that beats logic. I am a bit lost. I chose to go back to school. I am now a first-year law student, trying to figure out what is happening within our judicial system. Some of these things need to be argued so that we can get answers.

As I support the Bill, I still look forward to mentorship from the Deputy Speaker and perhaps clarity on such issues. Victims of sexual offences must be protected by law.

I support the Bill.

Thank you. I invite the Member for Uasin Gishu County and Deputy Speaker, Hon. Gladys Boss.

Thank you, Hon. Temporary Speaker, for giving me the opportunity to lend my voice to this extremely important amendment Bill.

First, I want to congratulate Hon. Siyad Kuno for having the audacity to put forward this amendment. I am proud of her. I have been on the journey of the Sexual Offences Bill from

Thank you very much. Hon. Katana Kahindi, Member for Kaloleni.

Asante Bi. Spika wa Muda, kwa kunipatia nafasi ili kuunga mkono mabadilisho ya kipengele 40A kuhusu dhuluma za kimapenzi. Mabadiliko haya yamekuja wakati unaofaa. Hakuna jamii…

Mhe. Katana, nikiwa hapa pia naweza kusikia kidogo. Watu wanashangaa kwa nini unaleta mambo ya mapenzi katika jambo hili kama umetafsiri vizuri.

Ni dhuluma za kimapenzi: Sexual offences.

On a point of order, Hon. Temporary Speaker.

Hon. Deputy Speaker, what is your point of order?

Hon. Katana, this is how we lose the battle against sexual offences and GBV. There is nothing “mapenzi” in an offence. You cannot use those two words together. It is an oxymoron.

Bi. Spika wa Muda nisaidie na jina ya Kiswahili.

Please give the microphone to Hon. Boss.

Kama ni dhuluma…

Tuseme dhuluma za ngono?

Yes. Lakini usiseme dhuluma za mapenzi. Hakuna mapenzi kama kuna dhuluma.

Asante.

Hayo maneno mawili haya ambatanishi.

Tuseme basi dhuluma za ngono.

Asante.

Asante.

Ni kweli, Mhe. Katana. Ni kama jambo hili ambalo umelisema limekwaza watu wengi. Naona watu wengi sana wameleta points of order.

On a point of order, Hon. Temporary Speaker

I have a point of order from Hon. Masara, Member for Suna West. What is out of order?

Hon. Temporary Speaker, I want to clarify that sexual offences can also happen within a structure where two people are in love. When a married woman is not ready for sexual intercourse, and the husband forces her to do it, that is an offence.

What is out of order, Hon. Masara?

The Deputy Speaker, Hon. Boss, said that in a sexual offence, there is no love. Even lovers can commit an offence within their love framework.

You are completely out of order. You are trying to debate, and I know you are in line for that. You will get your opportunity.

Mhe. Spika wa Muda, nafikiri…

Order, Hon. Katana. Hon. Dorothy Ikiara, I believe that you are strategically waiting to speak. Right? (Hon. Dorothy Muthoni spoke off the record) Hon. Katana, please proceed and continue in Kiswahili. I am sure there are many people who would want to hear you speak Kiswahili.

Mhe. Spika wa Muda, vile nilivyonena mwanzo, inategemea una ufahamu upi wa Kiswahili. Nimesema dhuluma za mapenzi. Unaweza lazimishwa na bwanako ufanye kitendo cha ngono wakati hauko tayari. Hiyo ni dhuluma. Lakini kwa sababu ya mjadala huu, wacha niseme dhuluma za kingono. Mjadala huu…

Hon. Katana, and for the benefit of the House, sexual offences in Kiswahili is translated as makosa ya kijinsia ama makosa ya dhuluma za kingono. Kwa hivyo sio mapenzi.

Kwa muda mrefu, kumekuwa na dhuluma za kijinsia. Marekebisho ya Kipengele 40A hayalengi jamii fulani, wala hakuna dini ama jamii ambayo inaunga mkono dhuluma hizi ambazo zimekuwa zikiendelea dhidi ya watoto wa kivulana na kischana. Watoto wengi wa kischana wamebakwa. Na watoto wengi wa kivulana wamelawitiwa. Hizi zote ni dhuluma ambazo zimeendelea kwa muda mrefu.

Lile la kushangaza, dhuluma hizi zinafanywa na watu wa familia. Wakati dhuluma hizi zinafanywa, wale watoto wanaambiwa wasizungumze kuzihusu. Na wanakuwa na wasiwasi na uoga mwingi sana. Wavulana pia wamelawitiwa. Hili nalisema kwa sababu kuna kesi nyingi ambazo zimefanyika, haswa kule pwani, maeneo ambayo utalii unaendelea. Kuna baadhi ya watalii wanakuja na kudhulumu watoto wetu na hata kuwachukua video, halafu wanakimbia bila kushitakiwa. Kwa hivyo sheria hii inataka kuleta usawa.

Watoto ambao wamedhulumiwa wanakejeliwa, haswa wakienda kwenye polisi zetu kutafuta msaada. Wengine wanaulizwa, ulikuwa wapi ukilawitiwa? Ama ulikuwa unafanya nini ukilawitiwa? Wanawakejeli na kuwafanya kana kwamba walikuwa wamejitolea kufanya kile kitendo. Mimi nafahamu na nataka nikupongeze Mheshimiwa. Najua ile jamii ambayo unatoka, saa hii wale wazee ambao walikuwa wanakata kesi hizi katika mipango ya jamii, wanakuchukulia wewe kama ambaye umesaliti jamii yako. Lakini kosa ni kosa. Anayefanya kosa lazima achukuliwe sheria kulingana na Katiba yetu ya nchi.

Ndio sababu tunasema Bunge hili tuangalie wakati huu wa sisi na wakati wa vizazi vyetu vijavyo watalindwa kisheria vigani kwa mifano hii ambayo tumekuwa tukitoa. Anapodhulumiwa, lawitiwa ama kubakwa, maisha yake hayawezi kurudi vile yalikuwa. Tumeona wengine wamebakwa na kupoteza kizazi kwa sababu ule umri wa mwenye anabakwa bado hajafikia wakati wa kufanya mapenzi ama ngono. Wakati haya yanafanyika, kuna watoto

Asante sana Mhe. Kahindi Katana. Mhe. Major Dekow.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute to this important debate. I congratulate my sister for coming out strongly on this issue and bringing up this amendment.

Secondly, I want to talk about the impression being created in this House that we, the Muslim community or the Islamic religion, condone sexual offences against minors and other people. That does not exist in our religion. It is not allowed. Even as a society, the Somali community does not condone it.

What was encouraged was settling these disputes and issues. This happened because it is a long-time tradition and does not only talk about sexual offences or murder. It is only that, in the past, we did not have these kinds of laws in society, and the only way available to solve these disputes was through the Maslaha process. However, as society progresses, there is a need to talk about it, and laws are created to bring all of us together so that when these issues happen within a modern society, we have a way of solving them.

We now encourage the use of the judicial system to solve these disputes. I do not condone the use of Maslaha as a way of solving these problems. This issue leaves a long-term mark on minors, especially, and the biggest challenge on this is that the offences are committed by those who are supposed to protect these children, mainly the teachers themselves, who are supposed to be the guardians of the children, the relatives and closest people to them.

Since this has now come, we support this amendment, and it will come into law. We want to encourage even police officers, who are the first recipients of these complaints, not encourage or tell the victims to go back to their families to sort out the issue in the traditional ways they are used to. Even police officers who give out directions on how to solve these issues should be held responsible. They are encouraging an offence within the law. These offences must be dealt with within the laws we are going to set up today.

Hon. Udgoon has done a good job in bringing forward this amendment to the law which we support. I was very disturbed when the Deputy Speaker talked about this issue and said that there are men in this House who do not want castration of people who offend others sexually, especially young girls and boys. The law should encourage people, when we have such a problem, to report it to the authorities.

If young people who are our daughters and sons find themselves in such a situation, irrespective of where they were at the time of the offence, justice should be served. We should have a way for these men, especially the perpetual offenders of the act, to be kept way from the society. Not only should they be castrated, but they should also have their thing chopped off so that we do not have them repeat these offences.

Thank you very much, Hon. Major Dekow, for that strong statement.

Hon. Members, the Deputy Speaker had guided those who are interested in contributing to this Bill to hit the intervention button. I will now go to Hon. Ibrahim Saney, Member for Wajir North Constituency.

Thank you, Hon. Temporary Speaker. I entirely support the amendment by my sister, Hon. Udgoon but I am a bit lost. As we speak, even without this amendment, the law is very clear that any criminal offence does not have another alternative. It should be pursued through our criminal justice system. There are no shortcuts, unless you are invoking the Clause on Alternative Dispute Resolution (ADR) mechanism, which is constitutional.

As much as the intentions and purpose my sister has in amending the Sexual Offences Act, it amounts to over legislation. Our legislation is already clear on this. Even though I support the amendment, it is clear that victims of sexual offences are protected from any other informal system curtesy of Article 159(3) of our Constitution. That means that procedurally we must go through our criminal procedure code.

Criminal offences are normally challenged during their trials in court. First, cultural issues are a big impediment to ensuring that sexual offenders are convicted as is required. Most victims, given our cultures, cannot give the oral evidence required. Let us remember that this is a criminal offence and the evidence required must be proven beyond reasonable doubt. In doing so, most of the victims cannot give their oral testimonies overtly. They shy away, hold back, cry, stay in silence and that is all. In such a situation, it is difficult for judges to get reasonable evidence that lacks doubt in the evidence adduced in any sexual offence case. Therefore, they prefer to go the covert way of giving evidence which is not good.

This calls us to do civic education for our women and girls so that they can fight for their rights and speak boldly about any abuse. Unless we achieve that kind of threshold, most trials will be delayed while others will be withdrawn. Intimidation and the money factor come in because most sexual offenders are bullies. As a result, we have been losing very many sexual offence cases in our courts because it is hard for our young girls to give oral testimony of a sexual ordeal. It is so painful and so disturbing that they cannot narrate and give credible evidence. They shy off instead.

One other thing that affects conviction of sexual offenders in this country is lack of coordination between the National Police Service (NPS), health services and the office of the Director of Public Prosecutions (DPP). If there were to be good collaboration where they neatly fit into such a matter, we would have had good progress in the conviction of sexual offenders.

Custody of important evidence like DNA, forensic and documented evidence is always in a up haphazard way. Some of it is deliberately destroyed or goes missing to delay cases. Consequently, some cases are withdrawn for lack of evidence. Those who would have

Thank you. Hon. Dorothy Ikiara, nominated Member, please proceed.

Thank you, very much, Hon. Temporary Speaker. At the outset, I congratulate Hon. Amina, the County Woman Representative for Garissa County.

This is a very progressive amendment that has been brought before the Floor of this House. We are debating sexual offences at a time when the world order has been disrupted by new and emerging trends in sexual offences. We are debating this Bill at a time when perpetrators have gone a notch higher. These days, perpetrators rape girls and women and even kill them, so that no evidence is left behind that can be traced or used against them.

This country is dealing with cases of femicide. We have spoken about them in this House, and the majority of our women are killed after they have been raped and sexually molested. We have had cases involving young children, even as recently as last week, where children are kidnapped, defiled and eventually killed. This is the time when we should act on this Bill. I thank Hon. Njoki Ndung’u for proposing radical changes to our Sexual Offences Bill. Most legislators in this House are parents. Therefore, I do not understand why one would protect criminals in the name of not wanting men, or whoever may be affected, to be touched by this law.

I want to see this Bill being voted for. Let us see Members who will stand up and say that a certain clause should not be there. It is painful to lose a child through something that is easily available. We have sex workers, and men are free to go there, pay for the services they want and go back home satisfied. I do not understand why people entrusted with children would rape them. In most cases, the perpetrators are people known to the children. It is high time that we all support this Bill. This amendment is very timely and important for us as a nation.

No human being is a community body. Even a one-day-old child, when a census is conducted, is counted as a child. That child ceases to be the property of the mother or the community. That is why even if the mother dies in the maternity ward, the child will still grow. If your child is abused, do not go to kangaroo courts to negotiate on their behalf. We cannot allow that. Crime is crime.

Sexual offences should be equally punished through the judicial process. Perpetrators must go through that process because, once they are convicted, it creates an opportunity for us to have official records that can help us track offenders and prevent repeat offences. If offenders are left to walk away scot-free, they may assume that they can buy justice through impunity and settlements. Let us ensure that justice is not for sale. Offenders cannot pay and walk away. We cannot negotiate molestation. We cannot negotiate the pain, the trauma or the dignity of any living human being through settlements.

Hon. Kamene, Member for Machakos County. Have you traced a microphone?

Yes. Thank you, Hon. Temporary Speaker, for this opportunity to contribute to the Sexual Offences Amendment Bill, 2025, which has been brought to the House by the Hon. Amina, County Member of Parliament for Garissa. This is a very important and dear issue to the people and to the country because it concerns criminal matters that, for years, have been left in the hands of elders or individuals within society.

These matters affect young girls and young boys, particularly those who have been raped, as well as cases of incest and defilement. You will find a case such as this being given to certain individuals to discuss and make a ruling on a criminal matter. I thank Hon. Amina very much because rape and defilement cases continue to increase and unless we continue putting in place stringent measures to ensure every child and every individual is protected, we will continue having these problems. We will continue speaking about these issues, seeing them in our headlines and hearing them on the radio, yet nothing is being done.

Therefore, my appeal to the House today, for the sake of justice, is that we pass this Bill and ensure it becomes law. The implementation of this Bill should be to the letter. I thank Mheshimiwa for this Bill, since I know these issues are prevalent in their areas, but these issues are not limited to those parts of Kenya. In Machakos County, there is a significant amount of defilement occurring, and kangaroo courts are being used to settle these matters. You will find chiefs discussing a rape case. However, once we pass this law, it will tighten our systems so that culprits do not walk away scot-free, and everyone receives the justice they deserve, ensuring that defilers are appropriately punished.

Thank you, Hon. Temporary Speaker, for the opportunity. I support this Bill.

Hon. Mary Emaase.

Thank you, Hon. Temporary Speaker. I rise to strongly support the Sexual Offences (Amendment) Bill 2025, introduced by Hon. Amina. This Bill is timely and necessary to stop the culture of impunity that has devastated the lives of women and children in this country. I come from Busia, where cases are reported daily, and it seems that this issue cuts across every region.

Thank you very much, Hon. Mary. Hon. David Ndakwa, the Member for Malava.

Thank you, Hon. Temporary Speaker.

Order! Before you continue debating this very important Bill, I would like to take this opportunity to recognise our guests this morning seated in the Speaker's Gallery: students from Kitengela International School in Mavoko Constituency, Machakos County and students from Eldama Letap Academy in Dagoretti South Constituency, Nairobi County. Thank you for joining us. You are welcome to the National Assembly, and I encourage you to observe the proceedings of the House. Hon. Member on the Floor, you may now welcome the students as you continue your debate.

Thank you. I would like to acknowledge and appreciate the students who have come here today. You can also aspire to be in the positions we occupy now. It is a matter of discipline, focus, and determination. I want to inform the students that this is where laws are made, and what we are doing now is part of the legislative responsibilities of a Member of the National Assembly. Welcome. Please pay attention, and you will learn more for the benefit of your future.

Thank you, Hon. Temporary Speaker, for the opportunity to support the Sexual Offences (Amendment) Bill, particularly the section that insists on the prohibition of traditional dispute mechanisms being applied to sexual offences. I applaud Hon. Amina, the County Women Representative for Garissa, for this great idea. Among the ideas she has proposed, this is one of the greatest contributions she has brought to this Parliament.

Thank you. Hon. James Nyikal, Member for Seme and Chairman of the Departmental Committee on Health.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute. First of all, let me congratulate the Mover of this Bill. I will be very brief.

The object of this Bill is to avoid alternative dispute resolution mechanisms that are being used in sexual offences cases, particularly defilement and incest. Instead of going through the court process, you decide to use other processes where people sit down and agree on what to do. Those alternative dispute resolution mechanisms are subject to abuse. The power imbalance is often against the victim and her mother, in the case of a child. This is something we all know. That is what this Bill is about.

Thank you. Hon. Gertrude Mbeyu, Member for Kilifi County.

Thank you, Hon. Temporary Speaker, for giving me this chance to contribute. I rise to support the Sexual Offences (Amendment) Bill by my younger sister, Hon. Amina, Garissa County Women Representative.

It is the right time we debate these amendments. Sexual offences and more so to the minors and women, are too much in this country. As we speak, we have so many unresolved cases that are settled at home by the family at the chief's level and with this amendment, the main objective will be to strengthen prosecution of sexual offences. We are ready to support this amendment.

As much as we speak about this Bill, the most common sexual offences-the ones I want to specify-are rape of women, defilement and gang rape. These offences are mostly ignored and are instead settled at home. The offenders are mostly family members, elder brothers, uncles and unashamedly even fathers. These cases are settled within the family because of shame to the family and the community. The victims are denied justice because of these cases being settled informally.

Member for Kilifi, you forgot to mention that according to the World Health Organisation (WHO), Kenya has the highest number of teenage pregnancies. Kilifi has the highest number. Therefore, Kilifi is the most affected.

Sure, I agree, Hon. Deputy Speaker. Kilifi and Kwale are leading in this and we are ready to walk this journey and support this amendment so that all these perpetrators can face life jail sentences. Thank you.

Thank you. Next, Member for Narok North, Hon. Agnes Mantaine.

Thank you, Hon. Deputy Speaker, for giving me this opportunity to add my voice to this Bill by the County Women Representative, Hon. Amina, from Garissa. I stand to support this Bill. It is a very important Bill because if we allow rape cases to be dealt with by ordinary people who do not even understand the law, then we shall not have done any justice to our women. It is time we rise as women. We are many in this House. We cannot allow anything that can go against the rights of our women and girls.

As activists, we are still fighting for the gender desks to be at all police stations, but still, none of the police stations have them and specifically Narok North, where I come from. When women go to report rape cases, they are treated as ordinary cases which even elders can deal with. We should not allow this. They should be dealt with according to the laws of Kenya. Women should be protected. Rape cases should be dealt with like criminal cases.

Therefore, I support this amendment by Hon. Amina. We should not allow elders to be dealing with such cases because they can easily be compromised hence treat them as normal cases. Sexual offences are shameful. When somebody rapes you, you will never forget. Therefore, we should not carry these cases lightly like asking for tobacco to chew as we normally say and treat this as an ordinary matter. I stand to support and it should be dealt with according to the laws that are there in Kenya. Thank you.

Member for Mandera South, Hon. Haro.

Thank you, Hon. Deputy Speaker, for giving me this opportunity. At the outset, I thank Hon. Amina Udgoon, the sponsor of this Bill. I am strongly in support of these amendments. The amendment reads in part that offences shall be prosecuted exclusively through the judicial system and by agreement, purporting to dispose of such offences outside the formal process shall be void. The Bill makes it clear that prosecution through formal judicial system is mandatory and voids any other private settlement of sexual offences.

Maslaha system is repugnant to the Constitution of Kenya because the whole system is geared towards compensating the clan or the family rather than the victim. Sometimes, as if compensating the clan and the elders is not enough, it goes ahead and sometimes forces…

The Constitution does not recognise Islamic law for criminal offences. It is only for matters relating to marriage and succession. It is restricted to that.

Thank you, Hon. Deputy Speaker for that information. Sometimes, as if compensating the family and elders is not enough, rather than compensating the victim, the victim is offered to the rapist for marriage. The victim is forced to live with the rapist for the rest of her life.

Thank you very much. Hon. Suzanne Kiamba, Member for Makueni.

Thank you, Hon. Deputy Speaker, for giving me this opportunity to add my voice to this very important Sexual Offences (Amendment) Bill. I wish to congratulate the Women Representative, Hon. Amina Siyad, for tabling the Bill. This law exists, but without this amendment, it allowed for sexual offences to continue being perpetuated. When people realised there was an alternative to appearing in court, it gave them a loophole to avoid addressing real issues affecting women, vulnerable girls and even young boys.

Elders who settle sexual offence disputes are powerful people in society, therefore, it is very easy for them to not consider the rights and dignity of affected persons, mainly young women and girls. That has continued the practice despite our strict laws. I want to sincerely congratulate Hon. Siyad for identifying this gap and seeking to fill it.

Such disputes are not settled in the open, but in closed rooms where offenders do not face the shame of their actions. Decisions are made regarding young girls and women who are in distress with nobody to listen to them. Making alleged offenders face a court of law will bring the desired shame, so that others will be afraid to engage in such practices. Alternative dispute resolution provided an opportunity for offenders to continue, as they did not face public shame. Strangely enough, in most communities, those who sit on such councils to make decisions regarding sexual offences are men and sometimes older women above child-bearing age, who may have experienced similar abuses and may not appreciate the human rights issues affecting women.

Secondly, in some communities, certain offences under the Sexual Offences Act are not viewed as crimes. Therefore, giving communities an opportunity to handle such cases was a big error. It was an error to give those perpetuating such harmful practices an opportunity to come up with a solution. We were lying to ourselves that a solution would actually be found.

This Bill is a timely coincidence as last week in my constituency, a man committed a sexual offence against his sister's child. The Form Two student has since dropped out of school. The matter has been settled because the community does not want to injure the man’s ego as he is well recognised in the community. The mother, brother and sister cannot talk since the community elders have already resolved that they do not want to bring shame to their home by acknowledging that this man did an evil act. It is a good coincidence that this debate has come up in the House. That is why I sincerely congratulate my colleague.

Many girls also drop out of school after being impregnated by rich men with big bellies. Those girls are suffering because they will never go back to school since their lives have been destroyed. Those men walk in the streets bragging about how they have impregnated several girls. Since they cannot be identified nor taken to a court of law, they will impregnate more. Once this law is assented to, their time will be up. We want to see them in court with their big bellies due to the evil they have done to our girls. They are destroying the young generation and using women for entertainment without a valid purpose.

I support the amendment of this Act. Long-term consequences of sexual offences include cases of women contracting diseases and suffering for a long period. Their lives are destroyed. Sexual offences erode human dignity and are an abuse of human rights. Alternative dispute resolution mechanisms do not protect women or those involved.

With those few remarks, I support the Bill.

Hon. Esther Passaris, Member for Nairobi City County.

Hon. Deputy Speaker, I rise to support the Sexual Offences (Amendment) Bill, 2025, and commend Hon. Siyad Udgoon for bringing this important legislation before the House.

The proposed Section 40A addresses a serious injustice, namely, the use of private settlements to dispose of sexual offences outside the judicial process. A survivor's dignity cannot be negotiated away by elders, relatives, or anyone offering compensation. This problem goes beyond negotiations between communities. Sometimes the pressure begins inside the survivor's own home. A child reports abuse and is told, “Do not report your father. He is our breadwinner.” A woman is told, “Do not expose your boyfriend or your relative. You will bring shame upon this family.” But whose shame are we protecting? The child did not commit an offence. The survivor did not cause the violence. We must stop placing the burden of protecting a family's reputation on the person who has been harmed. When the alleged offender is the provider, that dependence can become a powerful barrier to justice. We must support the affected family so that protecting a child does not leave the family without food, shelter, or school fees. Financial dependence must never become a reason to tolerate sexual abuse.

Consider the courage of Gisèle Pelicot in France. Her husband drugged her over many years and invited other men to rape her while she was unconscious. In December 2024, he and 50 other defendants were convicted of rape, attempted rape, or sexual assault. Gisèle chose a public trial and gave the world a powerful message that shame must change sides. That shame belongs to those who commit sexual violence. It should never be placed on the woman who reports it. Her courage should encourage other survivors to know that they deserve to be heard and that seeking justice is their right.

A similarly disturbing case has emerged in Austria, where a woman died in June 2026. Prosecutors are investigating allegations that her husband sexually abused her while she was incapacitated and whether other men were involved. This is the copycat syndrome. That investigation remains ongoing. These cases remind us that women may face terrible violence within the very home where they should feel safe.

On a point of order, Hon. Temporary Speaker.

What is your point of order Mhesh?

I rise under Standing Order No. 80. I do not know whether to use 80(1) or 80(2). I choose 80 (1).

What is out of order?

You can make reference to the Standing Order because she is reading a speech when we are supposed to debate.

Hon. Esther Passaris is a very good debater, for your information. I noted that she wanted to state facts, and that is why she was referring to a written document. I also observed that she was making some explanations. This is my third term in this House. I have studied the Standing Orders. I think you are referring to Standing Order 80 (1), which says that no Member shall read. She was not reading throughout. She was making some explanations.

Also, Standing Order 80 (2) says that the Speaker may allow a Member to read a speech in particular cases where the Speaker is satisfied that it is necessary for precision in statement of facts. I thought she was trying to make an effort to state facts. That is why she was giving examples from different parts of the world. So, everything that Hon. Passaris has done is in order.

Hon. Emathe Joseph Namuar is right that when you get an opportunity, you do not read a prepared speech, but you can make an effort to also make an explanation the way Hon. Esther Passaris did. So, I order that we proceed.

Hon. Passaris, had you concluded?

Yes.

Okay, nice. Hon. Members, we will go to Hon. Charo Kazungu, the Member for Ganze.

Asante sana, Mhe. Spika wa Muda kwa hii nafasi.

Order, Hon. Kazungu. Before we listen to Hon. Kazungu, in the Speaker's Gallery this morning, we have students from Lenana Primary and Junior Secondary School (JSS) from Dagoretti South Constituency in Nairobi County. You are welcome to the National Assembly to observe the proceedings of the House. I request the Member for Ganze to also welcome the students.

Asante sana, Mhe. Spika wa Muda. Ninachukua nafasi hii kuwakaribisha wanafunzi katika hili Bunge la Taifa. Sheria za nchi hii hutengenezwa hapa. Nanyi pia mna nafasi nzuri. Someni kwa bidii, na mnaweza kujiunga na kuketi nasi hapa kama Wabunge suku za usoni, lakini ni bidii yenu itakayowawezesha kuwa watu tajika katika taifa hili. Kwa hivyo, karibuni sana mshuhudie jinsi Bunge linavyofanya kazi yake.

Pili, nampongeza Mhe. Amina Udgoon kwa kuleta Mswada huu Bungeni. Huu Mswada ni muhimu sana kwa sababu katika nchi hii, tumeona jinsi watoto au wasichana wadogo wanavyodhulumiwa kingono. Takwimu zinaonyesha kwamba kule Kilifi, ninakotoka, kuna kesi nyingi za watoto wanaodhulumiwa. Tumesema hapa kwamba Kaunti ya Kilifi inaongoza kwa wingi wa mimba za mapema Kenya nzima lakini ukienda Kilifi, utaona kwamba kesi chache zinafika mahakamani. Hii inamaanisha kwamba kesi hizo zinashughulikiwa kule vijijini na hazifiki kwa mikono ya sheria.

Mswada kama huu utasaidia sana haswa kule ninakotoka. Tumeona kesi kama hizi zinapofanyika katika familia, wazazi wanakuwa wa kwanza kutetea kesi zisiende kortini.

Ningependa kumpongeza afisa wa watoto pale Ganze kwa sababu anajitahidi sana. Kinachomrudisha nyuma ni kwamba mara nyingi wazazi hukaa kifamilia, huenda kwa chifu na kesi hushughulikiwa huko, na hazifikishwi kortini. Kiwango cha elimu cha waschana wetu wa Ganze kiko chini. Hawapati elimu wanayostahili. Waschana wengi hufika Darasa la 9, wanapata mimba, wanarudi nyumbani, na hatimaye kesi hizo haziendi popote.

Nampongeza Mhe. Udgoon kwa Mswada huu, lakini pia ningependa tuongeze kipengele fulani. Mara nyingi tunasema wale ambao wamepatikana na makosa kama haya wapelekwe kortini na wafungwe, lakini sheria haisemi yule aliyeathirika atafanyiwa nini. Mara nyingi utapata kwamba mtu amefungwa, lakini msichana aliyedhulumiwa ameachwa na mtoto, hana kazi, na wazazi wake pia hawana kazi. Baadaye, mtoto huyo anaishia kuishi maisha ambayo hayastahili.

Kama inawezekana, naomba tuongeze kipengele cha fidia. Mbali na kuwafunga wale ambao wamefanya makosa kama haya, pia yule ambaye ameathirika apewe fidia ili aweze kujikimu na kuendelea na maisha yake. Ninaunga mkono sana sheria hii. Najua itasaidia sana kupunguza visa kama hivi, hasa kule ninakotoka, Kilifi. Watoto wetu watapata nafasi ya kujiendeleza katika elimu yao ili nao pia wapate elimu kama waschana wengine wa nchi yetu tukufu.

Nakupongeza sana, Mhe. Udgoon, kwa kuwasilisha Mswada huu, na ninaunga mkono.

Hon. Caroli Omondi.

Thank you, Hon. Temporary Speaker, for giving me an opportunity to contribute in support of the Bill. I support the proposed amendment to the Sexual Offences Act, in particular the New Section 40A. Many of us have witnessed instances where victims of sexual offences have been denied justice through what we call alternative dispute settlement mechanisms, mainly where culture is invoked. I just want to note that it may be necessary to make some very minor but consequential changes to the proposed amendment.

In our Constitution, the judicial system is defined as the totality of the dispute resolution mechanisms that exist. It goes beyond the court system and includes Alternative Dispute Resolution (ADR), negotiations, cultural ways of settling disputes. If the promoter of the Bill

Thank you. Next is the Member for Mandela South Constituency, Hon. Abdul Haro but he has stepped out. Let us have Hon. Cecilia Ngitit, the County Woman Representative for Turkana.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to also add my voice to this very good and special Bill by my colleague, Hon. Udgoon.

Hon. Temporary Speaker, the debate on the Sexual Offences Bill is a very important discussion. According to the Sexual Offences Act No. 3, 2006, sexual offences include rape, defilement, gang rape, sexual harassment and other offences. These offences happen in our society every day to both boys and girls. I support the Bill. Perpetrators of sexual offences and its victims should not be allowed to settle their cases outside court or under a tree.

In fact, it should be an offence to persuade someone to withdraw a sexual offence case because most of the time it concerns very vulnerable people who are young. Unfortunately, in most cases, the perpetrators of sexual offences are people who are supposed to take care of the victims of sexual offences.

The other issue I want to add about the Bill is that cases concerning sexual offences should be made urgent. They should not be delayed because as they say, justice delayed is justice denied. So, cases concerning sexual offences should be treated with urgency, so that the victims get justice at the right time.

On protection of witnesses of sexual offences, when witnesses are threatened and not protected, they withdraw from cases and that weakens the case. In the long run, victims lose their cases to the perpetrators. So, it is very important that witnesses of defilement cases like rape are protected so that they do not withdraw from giving their witness accounts.

Lastly, perpetrators of cultural practices that aid sexual offences should actually be brought to book. Some of our African cultural practices aid these offences. In some African settings, getting a wife is through abduction of a young girl. When young girls are abducted and raped in the process, they are forced to marry the perpetrators. Some of these cultural practices should be looked into so that all our cultural practices support the safety of the vulnerable people who easily become victims of sexual offences acts.

With those remarks, I support the Bill and congratulate Hon. Amina.

Thank you. Hon. Double N, Member for Embu County.

Thank you, Hon. Temporary Speaker for this opportunity. I rise to support the Bill sponsored by Hon. Amina, the Women Representative for Garissa County. When we talk about the Sexual Offences (Amendment) Bill sponsored by the Hon. Member, we are not just looking at it from a young girl's point of view but also from married women’s and young men’s points of view. One Hon. Member said that it is men with big bellies who are victims of rape cases. I want to reiterate that it is not just about big bellied men, even men with small and medium-size bellies are victims. A perpetrator is a perpetrator irrespective of whether they are big bellied or not.

When talking about issues of the Sexual Offences Bill, we know that young girls are victims of sexual offences and some of them become teen mothers way before their time. In Embu County, there is a programme that I have been running for the last four years. Some of the teen mothers that we have taken back to school and pay their school fees are victims of rape cases. When you talk to some of these young girls, you realize that their cases were not dealt with fairness.

Order, Hon. Members! I am sure that Hon. Double N is being distracted. Kindly, consult in lower tones. You may consult

Hon. Temporary Speaker, I have already been distracted. Thank you for your intervention.

I was talking about the programme that we run, especially in Embu County for the teen mothers and young girls who dropped out of school many years ago. Some of them are victims of rape cases. We have cases of some girls who reported their cases to the nearest police stations but no action was taken.

As I support the amendment Bill that has been brought to this House by Hon. Amina, I wish to request that, as we look at the issue of offenders, the victims should also be compensated in one way or another. As we talk about the offenders being brought without an apology, what about the victims who have to live with trauma and bear children? Others contract sexually transmitted infections (STIs) through the sexual offences perpetrated against them.

Hon. Temporary Speaker, there is need for creating public awareness on how one should report a rape case. That can be done through media channels like community radio stations and any other avenues of creating public awareness for people to know how to report cases of rape in our regions.

As I conclude, I want to say that some of the rape cases are dealt with in our own houses and villages through kangaroo negotiations. When they are done through kangaroo negotiations, the persons who suffer are the victims. Some women in our societies do not want to get out of their marriages because of sexual offences that affects their daughters. They want to simply save their marriages. As much as they would want to save their marriages, they should also think about their daughters who have to live with trauma and children they get out of wedlock through rape cases.

We need to institute punitive measures against perpetrators of heinous sexually offences that affect our young boys, young girls and married women. Sexual offences also affect women who are married. I want to propose that we get support to establish rescue centres in our 47 counties on gender-based violence cases. Some of the people affected by gender-based violence, including rape and the Female Genital Mutilation (FGM) are victims of circumstances.

I support my sister, the Member from Garissa County. This Bill is timely and we need to support it 100 per cent.

Thank you.

Thank you very much. Hon. Members, I had said that those who are interested in contributing to hit the intervention button.

Next is Hon. Emathe.

Thank you, Hon. Temporary Speaker. First of all, allow me to thank Hon. Udgoon for sponsoring this amendment to the Sexual Offences Act, 2006. I also want to pay a lot of tribute to Hon. Susan Njoki Ndungu for ensuring that the Sexual Offences Bill was enacted in 2006. In the normal traditional setup, men, especially those who are wealthy in society or who are considered to be of higher status or rank in society, are the ones who are used to arbitrate in dispute resolution.

Hon. Temporary Speaker, this is an important responsibility but it is abused, especially when sexual immorality, rape and other immoral activities are taken to an assembly of traditional elders. I thank Hon. Udgoon for ensuring that the society in which we live does not use that avenue to abuse or look down upon girls and women. Udgoon, according to her name, means a kind of fragrance. To me, this is the fragrance she has brought to the existing Sexual Offences Act.

Thank you. Hon. Duncan Mathenge, Member for Nyeri Town.

Thank you, Hon. Temporary Speaker. I want to add my voice in congratulating Hon. Amina on this amendment Bill. Sometimes we think that more advanced constituencies and counties are immune to some of the country’s challenges. However, no part of this country is immune. In Nyeri County, between June 2025 and April 2026, we had 93 defilement cases. Between 2023 and 2025, rape incidents increased from 13 to 20, a 54 per cent increase.

In 2025, Nyeri had 154 defilement cases, 26 rape cases, two incidents of gang rape and seven attempted rape cases. Of these, only 92 cases or 50 per cent, reached court. The amendment Bill by Hon. Amina is therefore a key piece of legislation in sealing the gap that the kangaroo courts have exploited. These courts have exploited existing governance structures. In Majengo and Witemere in Nyeri Town, nyumba kumi elders, assistant chiefs, and chiefs sit in these courts and negotiate between victims and perpetrators. Unfortunately, the parent or guardian allows the case to be resolved out of court.

Sometimes we think that only girls are affected. In May 2025, five boys were sexually abused in Majengo, Nyeri Town. The ages involved present an even more pathetic picture. According to statistics, the youngest child in Nyeri was nine months old and was defiled by the father. One was five years old, while another was nine years old.

We may attribute these incidents to drug and substance abuse, inadequate supervision of children or parental neglect. However, we must protect Kenyan children from predators. We have an instance in Nyeri where a school principal, who was an ordained church elder, has been accused of indecently assaulting six boys under his care. In such circumstances, we wonder how the Church will respond. Will it pursue the case or seek to hide the embarrassment because it is the house of God?

This Amendment Bill spells the death of kangaroo courts in this country in relation to sexual offences. I hope every new nyumba kumi elder, chief and assistant chief is listening to Parliament today. Hon. Temporary Speaker, beyond these statistics, another surprising gap emerges. In 2024, health facilities in Nyeri County recorded 1,013 cases of sexual offence where victims sought medical care. However, at Nyeri Central Police Station, the reported cases dropped from 1,013 to 703. Where did the 310 cases disappear to? At the county gender office, where sexual

Hon. Harrison Kombe, Member for Magarini, and thank you for your patience.

Ahsante Mhe. Spika wa Muda kwa kunipatia nafasi hii nichangie Mswada huu was kisheria wa makosa ya kingono.

Mhe. Spika wa Muda, watoto wengi wamedhulumiwa chini ya sheria hii. Kwanza, ninampongeza Mhe. Kuno kwa kuleta marekebisho haya. Ninasisitiza kuwa iwe marufuku kwa mtu yeyote kuhusika kushawishi mwaathiriwa ili aondoe kesi mahakamani au akose kuenda kuwasilisha repoti jinsi alivyotendewa kwa polisi.

Vilevile ichukuliwe kwa uzito kushtakiwa kwa wazazi wowote ambao watakubali kosa hili lirekebishwe kinyumbani. Hali hiyo ndiyo inachangia huo uovu zaidi na zaidi. Ifikapo mahali waathiriwa wamefanyiwa kitendo hiki na jamaa zao, kitendo ambacho hata Bibilia inakataa… Hairuhusu kamwe mtu wa jamii kumwingilia mtu mwingine wa jamii yake. Inakataza. Lakini tunapata kuwa roho za watu zimekuwa za kinyama siku hizi. Kisa cha kusikitisha ni kama kile Mhe. Mathenge ametueleza hapo awali kuhusu mtoto wa miezi tisa.

Huyo mtu ana kichaa ama ni wazimu. Haiwezi kueleweka. Mtoto wa miezi tisa hana usaidizi wa aina yeyote kwa mtu ilhali unaenda kumwingilia. Mhe. Mbeyu amesema mtu kama huyo anafaa kuhukumiwa kifungo cha maisha. Hata akihukumiwa kinyongo, itakuwa ni halali kwake. Hiki ni kitendo cha kinyama zaidi.

Mhe. Spika wa Muda, kama alivyoelekeza tena Mhe. Mathenge, wacha hili jambo lisisikizwe na wazee wa vijiji, Sub-chiefs, Chiefs na hata wale viongozi wengine wa utawala. Hakuna nafasi ya kitendo kama hiki kujadiliwa chini ya mti na kutolewa hukumu ya kwamba kimetupiliwa mbali. Hakika, inapofanyika hivyo, huwa kwanza tumemdhulumu yule mhusika, awe ni mtoto ama mtu mzima. Hii ni kwa sababu vitendo hivi vya lazima, wakati mwingine, havifanyiki kwa watoto peke yake. Pia, vinatokea kwa watu wazima na kwa jinsia yeyote ile.

Nampongeza Mhe. Kuno kwa kuleta marekebisho haya kwa sababu yatazuia mahakama za kienyeji. Vilevile, turekebishe kufuatana na vile Mhe. Caroli alivyopendekeza. Alisema kwamba mtu akifanya vitendo hivi vya lazima ni hatia, na tusitumie njia ya kisheria peke yake, bali tutumie sheria za uhalifu. Inapotumika kwa njia hiyo, tutakuwa tumejikomboa. Hakika, kwa majaliwa ya Mwenyezi Mungu, tutakomesha kabisa matendo haya ya kudhulumu jinsia tofauti.

Mhe. Spika wa Muda, ahsante kwa kunipa nafasi hii. Kwa hayo machache au mengi, naunga mkono Mswada huu.

Ahsante. Mhe. Beatrice Adagala, Mbunge wa Kaunti ya Vihiga.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to comment on the Sexual Offences (Amendment) Bill (National Assembly Bill No. 50 of 2025). This Bill by the Member for Garissa County is timely. We keep in mind that our people are suffering. Our young girls and boys are suffering in the

Hon. Members, time is up for this particular Bill. The time that was remaining was two hours and forty-five minutes, which has ended. I will be calling upon the Mover to reply.

Before I do that, I would like to take this opportunity to welcome our guests seated in the Speaker's Gallery this afternoon. We have students from Gilgil Hill School from Gilgil Constituency, Nakuru County.

I would like to ask Hon. Kathambi… Hon. Martha Wangari, you are here, of course. Hon. Kathambi, please, welcome the students. While replying, Hon. Udgoon, I will encourage you to donate a minute or two to Hon. Kathambi. She has been waiting long. You have the liberty to donate some minutes to her and also to Hon. Haika, Member for Taita Taveta, who has also been waiting.

Please, proceed to welcome the students.

Thank you very much, Hon. Temporary Speaker. Today, as we sit in this Parliament, allow me to welcome our students from Nakuru County. They come from Hon. Martha’s constituency, Gilgil, which neighbours mine. Therefore, these children, we inspire them within Nakuru County. Our children, feel at home. This is where we come with Hon. Martha Wangari and other Members of Parliament to make laws and to speak even on your behalf. You are lucky today because we are talking about the Sexual Offences (Amendment) Bill, which also affects our children and students.

Therefore, feel welcome. Go back and work hard. As Nakuru legislators, we love you so much. If you are not aware, Nakuru County is called the County of Girls. It is led by the Governor, Members of Parliament, Senators, and Women Representatives. We have so many women. Our children, go back to Nakuru, shine and be good examples. We love you so much. I do not know, was I extended two minutes?

Hon. Kathambi, you had a minute just to welcome the students. Thank you very much for welcoming them also on my behalf. I also extend the same to Gilgil Hills students. They are actually my neighbours back at home. We hope that they have learned something that is going to be useful, even going forward and in their later life.

Hon. Members, I want to give the Mover of the Motion an opportunity to reply, as had been guided by the Temporary Speaker. Hon. Udgoon.

Thank you, Hon. Speaker. Before I reply, Hon. Temporary Speaker, if you could allow me, I would like to give a few minutes to Hon. Haika, Hon. Mwago, and Hon. Charity, because they have been sitting here for long and wanted to support this Motion.

Thank you, Hon. Temporary Speaker, with your permission.

That is in order, Member for Garissa. You have to be specific. How many minutes? One minute each? One-and-a-half is fine. Hon. Charity, Hon. Mwago, then Hon. Haika, in that order.

Thank you very much, Hon. Temporary Speaker. Allow me to congratulate my colleague for coming up with the Sexual Offences

(Hon. Martha Wangari): Your time is up! Hon. Mwago.

Thank you, Hon. Temporary Speaker. I rise to support the Sexual Offences (Amendment) Bill (National Assembly Bill No. 50 of 2025) by my colleague here, Hon. Siyad Udgoon. This is an issue that cuts across the whole country, especially in the informal settlements like Mukuru Kayaba in Starehe Constituency and other informal settlements which are very many in the constituency. These are things that happen very often and it is disgraceful that these matters are swept under the carpet and are not handled the right way. There is a proverb in our community that says, ‘You cannot feel pain for the other person.’ So, it follows that you cannot seem to administer justice for a person who has gone through so much pain.

Once a woman or a child loses their dignity, considering that even boys are being sodomised; it affects them for a long time and, possibly, forever. It is only fair that some of these crimes are left to God to judge because they are demonic. I think we just hang them and let God judge them as soon as possible in heaven in finality and also have Satan have his people.

Those are some of the things we need to remove from the kangaroo courts. I actually suggest to my sister, that as you think about the Bill, you also put a penalty upon anybody who purports to be a kangaroo court judge or juror or sits down and tries to mediate.

Time is up! Hon. Haika.

Mhe. Spika wa Muda, nasimama kuunga mkono Mswada huu ambao umeletwa na Mhe. Udgoon na niseme ni sawa kabisa tukaze sheria ya mambo ya dhulma ya kijinsia ili tuokoe jamii.

Lakini, vilevile nikiwa nimesimama hapa, mimi nikiwa mama Mkatoliki na mmoja wa mahujaji waliokuwa pale Subukia siku ya Jumamosi, nataka kuchukua fursa hii kuomboleza na familia ya wale wote waliopatikana na mkasa wa ajali pale Salama. Natoa pole zangu kwa wanaparokia ya Mikindani na Wakatoliki wote Kenya nzima vilevile. Dunia ni ndogo. Nimekuja kugundua kuna mmojawapo anatoka kijiji changu na ni mke wa Lucian kutoka kule Mwakitau, Taita Taveta. Natoa pole kwa familia ile na kwa Bwana Mwanyasi kutoka kule Kishamba, Taita Taveta. Natoa pole zangu ziwaendee wote waliopatwa na mkasa huo na wajue tunawaombea. Tukiwa pale Subukia, mada ya maombi ilikuwa ni amani. Kwa hivyo, nasema amani ipitayo fahamu zote ikawe kwa familia hizo na Mwenyezi Mungu awapumzishe kwa amani waliopumzika siku ile.

Asante Mhe. Spika wa Muda.

Asante sana. Nasi pia, kwa niaba ya Bunge, tunatuma rambirambi zetu kutokana na huo mkasa. Lakini ni vizuri pia, kama Bunge, tujadiliane vipi tutaweza kuweka mikakati. Hii ni kwa sababu tuko na familia nyingi zilizo katika hatari ya kupoteza maisha kupitia ajali za barabara. Tunawapa pole na natumaini kwamba Mungu atawafariji.

Thank you, Hon. Temporary Speaker. I wish to sincerely thank all Members who supported this amendment Bill and contributed to it. Through this debate, one thing must remain clear. A sexual offence is not a family disagreement. It is not a debt to be settled; it is a crime.

I would like to tell of case studies from my region about these sexual offences. Hon. Temporary Speaker and Hon. Members, there was, now she is late, a 16-year-old girl who was raped by a relative. She did not have a mother to protect her, and the community did not protect her. That little girl is now in heaven. She died, and every time I hear the word "rape", I cannot sleep at night. I always remember that little angel who suffered in the hands of a sexual offender.

In Wajir County, and this was televised on national television, there was also a girl, a minor, who was gang-raped by seven men. Unfortunately, the men never got any opportunity to appear in a court of law. When we started talking about it, we were told it would be done through Maslaha. Such cases, as a woman and a mother who has a 16-year-old daughter, break my heart. This House will do justice for small girls, those in our galleries today, at home, and those that we give birth to.

This is a very emotional Bill for me. This problem is not only in Garissa, but also in Mandera, Wajir, Turkana, Kirinyaga, and everywhere else in this country. The injustices are faced by individuals who need our protection. This Bill will have repercussions on my re- election. Where I come from, in my county, the culture we practice makes it a taboo to talk about sex altogether. Today, I know it will cost me this seat. I might not come back to Parliament because of the repercussions. However, I will forgo this seat if I will help one girl or boy live longer in this world. The reason why I am in Parliament is to protect the lives of children and women, and any vulnerable member of society.

When I was trying to start this Bill at the Committee level, I was told it was suicidal. I was advised against it. However, if Njoki Ndungu did it and she came up with this Act and allowed us to ride on it, then any repercussions will be welcomed, as long as we are protecting the vulnerable members of society. We are not legislating against culture; we are drawing a clear boundary between legitimate traditional dispute resolution and the prosecution of serious criminal offences.

A survivor's dignity cannot be negotiated. Justice cannot have a price. We cannot put a price tag on our children. If culture reaches a place where we will sacrifice the lives of kids, then we better leave it behind. In many of our communities, survivors can come under great pressure to withdraw complaints, accept compensation, or remain silent for the sake of the family or community. We must ask ourselves, in such settlements, who speaks for the survivors? Who will speak for those little girls who cannot speak for themselves out there?

Does it not pain you when you know a little girl who needed your help died in the hands of sexual offenders yet you cannot talk for her in public because of culture? Or because you fear it may have repercussions on your re-election? It is not right! While you were away, Hon. Saney, from Wajir North, was trying to massage the egos of those who support the Maslaha system. I understand he wants to be re-elected and to please the Maslaha system.

Hon. Temporary Speaker, you being a woman like me, I know you will opt for standing up for girls. I also know each Member of Parliament here is a mother or a father to children.

Hon. Temporary Speaker, we cannot claim that sexual offences are criminal acts while continuing to massage the egos of elders in our counties. We must protect our people. In agreement with Hon. Caroli Omondi, these matters must be handled exclusively within the criminal justice system, and the alternative Maslaha System must be completely banned when it comes to sexual offences.

Hon. Amina, you beg to reply and not to move.

Oh, sorry, I beg to reply. This is my first Bill and therefore, I ask Hon. Baya not be so hard on me. Thank you for the correction.

Very well. I must take this opportunity to congratulate you, Hon. Amina, as a First-Timer who has successfully gotten a Bill, a Private Member's Bill, processed all the way to Second Reading. Congratulations. I also congratulate you for standing up for what is right against all odds, considering your culture, your religion and where you come from.

I do not think any Member of this House lacks a case to relate to. I think when you were replying, my mind was just going back. Less than a month ago, we buried Grace Nyarua, a Grade 9 learner from Echariria in Gilgil. Shockingly, in that very same area in 2023, twelve- year-old Jasmine Njoki from Kasambara was also gang-raped and murdered. I believe every Member here relates and can give live examples from their own constituencies. I congratulate the Mover and my colleagues for standing up for what is right, even if it means standing alone.

Hon. Members, we have come to the end of that debate…

On a point of order, Hon. Temporary Speaker.

What is out of order, Hon. Owen? Do not debate because we have closed it.

I am not debating, Hon. Temporary Speaker. I just want to inform my sister that she should not be afraid of what she does, as long as she is doing it right. Never be afraid. Never be afraid that people will vote you out because of a Bill you bring here. People will support you. To have the courage to bring that is a self-garnering vote. Courage is everything in life, and we want to congratulate you and wish you all the best, because this is a fundamental Bill. Thank you.

Very well. But Hon. Owen, I indulged you because I am very proud of Hon. Amina, so I let you go slightly outside, but outside our Standing Orders. However, we have closed that debate. Hon. Members, we shall defer the putting of the Question on this Bill. (Putting of the Question deferred)

Member for Nairobi, are you ready?

Yes, Hon. Temporary Speaker.

Hon. Passaris, go ahead.

Thank you. Hon. Temporary Speaker, I beg to move that the Harm Reduction Bill (National Assembly Bill No. 37 of 2025) be now read a Second Time.

This Bill was read a First Time on 1st October 2025 and subsequently referred to the Departmental Committee on Health for consideration. I thank the Committee for its work, the stakeholders who contributed their views, and the parliamentary staff who supported its consideration.

The Bill seeks to provide a framework for the provision, administration and coordination of harm reduction services in Kenya and for connected purposes. Its purpose is to strengthen our response to health and social consequences of substance use disorder, improve access to appropriate care and clarify responsibilities of the institutions involved in providing that care.

Before taking Members through the clauses, I wish to speak to the people whose circumstances made this legislation necessary. In our constituencies, we meet parents who have exhausted their savings trying to obtain treatment for their children. We meet families who are frightened, overwhelmed, and uncertain about where to find help. We encounter young people whose education, employment and relationships have been disrupted by problematic drug and substance use. We also meet people who want assistance but fear humiliation and rejection when they seek it. These families need a clear pathway to care. They need reliable information, professional support, and public institutions whose responsibilities are understood. They also need help before a crisis becomes a tragedy. This Bill seeks to establish a framework through which that help can be organised and delivered. I will explain the five parts of the Bill, showing how the clauses connect its purpose to the responsibilities, services, and safeguards necessary for implementation.

Part I contains the preliminary provisions. It comprises Clauses 1 to 4 and establishes the name of the proposed law, the meaning of its terms, and its objects and guiding principles. Clause 1 provides the Short Title. It identifies the proposed legislation as The Harm Reduction Act, 2025.

Clause 2 provides the interpretation of the terms used in the Bill. This Clause is important because we must have a common understanding of what “harm reduction” is and means before we can assess the framework being proposed. Under Clause 2, “harm reduction” refers to public health policies, programmes, or strategies that reduce the negative social and physical consequences of drug use and support the health and well-being of persons with substance use disorder.

Order, Hon. Passaris. I can see you are really deep into moving the Motion, but time is not on our side. We will have to interrupt your presentation to ensure that you have 15 minutes left. Please take note of how far you have progressed with the moving. The Bill will then be seconded, and we will then open the Floor for debate.