SPECIAL ISSUE
Kenya Gazette Supplement No. 190 (National Assembly Bills No.50)
REPUBLIC OFKENYA
KENYA GAZETTE SUPPLEMENT
NATIONALASSEMBLYBILLS,2025
NAIROBI,12thNovember,2025
CONTENT
Bill for Introduction into the National Assembly-
The Sexual Offences(Amendment) Bill,2025
PAGE
1213
MEMORANDUM OF OBJECTS AND REASONS
Statement of objects and reasons
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. The Bill seeks to ensure that offences specified under the Sexual Offences Act are adjudicated exclusively through formal judicial processes.
In line with Article 159(3) of the Constitution,this amendment is proposed to safeguard the rights of victims from processes that are repugnant to Justice and morality, and ensure that justice is administered
in a manner consistent with the Constitution.
Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms
The Bill does not contain any provisions limiting any fundamental rights or freedoms.
Indication ofwhether the Bill concerns County Governments
Paragraph 7b of Part 1 of the Fourth Schedule to the Constitution provides that criminal law is a function of the National government. In view of this,the Bill does not concern the County Governments in terms of Article 1i0 (1)(a) of the Constitution as it does not affect the functions andpowersof County Governments.
Statement as to whether the Bill is a money Bill within the meaning of Article 114 of the Constitution
The enactment of this Bill may not occasion additional expenditure of public funds.
Dated the 15th October,2025.
UDGOONSIYADKUNO, Member of Parliament.
Section 40 of Cap.63A, which it is proposed to amend-
Director of Public Prosecutions to decide whether police investigations should be discontinued
- 40.The decision as to whether the prosecution or investigation by any police officer of a complaint that a sexual offence has been committed should be discontinued shall rest with the Director of Public Prosecutions.