New Bill proposes harsher penalties, mandatory compensation for SGBV offenders

A new Bill spearheaded by the Kenya Women Senators’ Association (KEWOSA) has proposed stricter penalties for perpetrators of sexual and gender-based violence, including mandatory compensation for victims alongside jail terms.

The proposed legislation aims to introduce “double punishment” measures, ensuring offenders face both custodial sentences and financial restitution to their victims.

The landmark legislation targets those guilty of sexual and gender-based violence (SGBV) and men responsible for impregnating underage girls. It seeks to amend several existing laws, among them the Children Act (2022), the Sexual Offences Act (2006), the Basic Education Act (2013), the Marriage Act (2014), and the Counter-Trafficking in Persons Act (2010), to close legal loopholes often exploited by sexual predators.

At the heart of the Bill is a proposal requiring offenders to pay compensation to their victims in addition to serving prison sentences. It also aims to strengthen the collection and preservation of forensic evidence to support prosecutions and proposes the use of video link and recorded testimonies during trials to protect victims and witnesses from intimidation.

“Victims of these heinous crimes must receive not only justice but also adequate support and compensation,” KEWOSA Vice Chairperson and nominated Senator Hezena Lemaletian said.

“This Bill proposes a compensation and reparation framework that will require offenders to make restitution to their victims.”

In addition, the proposed law calls for the establishment of safe spaces and shelters to protect survivors, particularly where offenders are family members. It urges the government to adequately fund these facilities and to negotiate bilateral agreements with neighbouring countries for the repatriation of cross-border offenders for trial.

The legislation also seeks to outlaw informal or “kangaroo” courts from handling SGBV and teenage pregnancy cases, insisting that such matters be addressed through formal judicial systems to ensure justice and accountability.

The initiative follows a recent Senate fact-finding mission to Busia County, where KEWOSA uncovered alarming levels of teenage pregnancies and gender-based violence. According to KEWOSA Chairperson and nominated Senator Veronica Maina, statistics from the National Syndemic Diseases Control Council show that between 2016 and 2024, Busia recorded 65,540 teenage pregnancies.

“Teenage pregnancies remain one of the biggest barriers to girls’ education and empowerment. It denies young girls the opportunity to complete their basic education and achieve economic independence,” Maina said.

Last year alone, Busia County recorded 4,542 teenage pregnancy cases, with Samia Sub-County posting the highest rate nationally. Across the country, 47,632 teenage pregnancies were reported in the same period.

KEWOSA warned that early pregnancies expose young mothers to severe health complications, including maternal morbidity and mortality, as well as a higher risk of HIV/AIDS and other sexually transmitted infections.

“Socially and economically, early pregnancy leads to school dropouts, loss of self-esteem, and intergenerational cycles of poverty,” the legislators said.

Between 2016 and 2024, Busia also reported 2,884 cases of sexual and gender-based violence among adolescents, a sharp rise from 66 cases in 2016 to 480 in 2024. Adolescents now account for 23 per cent of all reported SGBV cases in the county.

Further, 171 girls became pregnant as a result of defilement between 2017 and 2024. Nationally, reported SGBV cases stood at 47,632 last year, highlighting the urgent need for legislative action to curb the growing crisis.

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