Attorney-General to decide whether police investigations should be discontinued.
THE SEXUAL OFFENCES REgULATiONS, 2008
- These Regulations may be cited as the Sexual Offences Regulations, 2008.
- In these Regulations, unless the context otherwise requires– “Act” means the Sexual Offences Act, 2006; and
“Prohibited Publications Review Board” means the Board by that name established under section 53(3) of the Penal Code.
- (1) For purposes of sentences imposed by sections 3(3), 4, 5(2), 10 or any other under the Act which may require alteration, revision or enhancement, the High Court may exercise the powers and procedures provided for under sections 362, 363, 364, 365, 366, and 367 of the Criminal Procedure
(2) In exercise of the power to alter, revise or enhance sentences under the Act, regard shall be had to –
- whether the sentence imposed is unlawful or contrary to that provided for by the Act;
- the number of times the perpetrator of the offence has committed the offence;
- the age of the victim(s) of the sexual offence;
- the age of the perpetrator(s) of the sexual offence;
- the victim impact statement adduced in accordance with section 33(b) of the Act;
- whether force was involved;
- prior criminal history;
- the relationship existing at the time of the offence between the victim and the accused; and
- any other factor which may be relevant in the opinion of the Court:
Provided that proceedings under this regulation shall be subject to section 382 of the Criminal Procedure Code.
No.3 of 2006.
Enhancement of sentence.
[Subsidiary] Prohibited publications. Cap.63.
Designated persons and medical practitioners.
Cap.257. Cap. 260.
Register of offenders.
- (1) The articles referred to in section 16 of the Act include those articles prohibited by an order published in the Gazette under section 52(1) and (2) of the Penal
- The Minister shall, in consultation with the Prohibited Publications Review Board, ensure the better implementation of section 16 of the
- The Minister may, in consultation with the Prohibited Publications Review Board, and by an order in the Gazette, prohibit other publications for purposes of section 16 of the
- (1) For purposes of section 26(5) of the Act –
- “designated person” includes –
- a nurse registered under section 12(1) of the Nurses Act; or
- a clinical officer registered under section 7 of the Clinical Officers (Training, Registration and Licensing) Act; and
- “medical practitioner” means a medical practitioner registered in accordance with section 6 of the Medical Practitioners and Dentists Act.
- (1) The Registrar of the High Court shall maintain a register to be known as the Register of Convicted Sexual Offenders (hereinafter referred to as “the Register”) in accordance with section 39(13) of the Act, in which shall be entered the following information regarding a sexual offender –
- the name(s) of the sexual offender and alias(es);
- date of birth;
- place of birth;
- physical description, in particular, sex, race, height, weight, eye color, hair color, scars, tattoos or other marks or characteristics;
- passport photograph and a set of finderprints;
- physical address at the time of the offence and any other domiciles;
- the offence with which charged;
- the sentence entered by the trial court;
- the date(s) of conviction and any sentence(s) imposed;
- the sentence entered on reversal or enhancement;
- the age of victim(s) in the sexual offence in question;
- previous convictions entered against the convict under the Act or related penal laws;
- the relationship between the convict and the victim, if any, including information as to whether there was a position of trust;
- brief particulars of the offences as well as the circumstances under which the offence was committeed;
- whether the sexual offender has been declared dangerous by a court of law; or
- any other information, which, in the Registrar’s opinion,
requires to be kept.
- The Register, which may also be kept in electronic form, shall be kept in the form set out in the
- The registration period for a sex offender shall lapse upon the sex offender’s
- A sex offender shall notify the Registrar if he –
- ceases to live or reside at the registered address or moves to a different
- leaves a job or obtains a new job, or leaves a school or enrolls in a new school;
- leaves the jurisdiction of the High
- Notice of the changes described in paragraph (4) above shall
[Subsidiary] be in writing and shall be provided prior to the change, if feasible, and in any event within twenty one days of the occurrence of the change.
- Notices of change in address or place of work or school attendance
shall include the new address, location and phone information.
- In the exercise of the powers provided for under section 39 (13) of the Act, regard shall be had to the need to protect the names and identity of the complainant, victims and other witnesses, especially where such persons have been declared vulnerable by a court of law during criminal proceedings.
- The Registrar may, in writing, indicate to any person who demonstrates to the Registrar that he has a reasonable interest whether a person’s name has been entered in the
- Notwithstanding any other provision in these Regulations, the Registrar shall at all times ensure access to the Register by the following person(s) –
- judicial officers;
- advocates of the High Court involved in criminal proceedings
to which information kept in the Register has a bearing;
- probation officers;
- children officers;
- state counsels and prosecutors;
- police investigators;
- the prisons department;
- other relevant agencies which, in the opinion of the Register, may require such
- The Registrar shall not allow access to the Register where he has reason to believe that the infoamtion is intended to be used in a prejudicial
- Any person who uses or allows to be used in a prejudicial manner information kept in the Register commits an offence and shall be liable, on conviction, to a fine not exceeding six thousand shillings or imprisonment for a term not exceeding six months, or
- (1) A prosecutor or an interested party in criminal proceedings may apply to a court of law, within a reasonable time after conviction but before a sentence is entered, to declare a person convicted of a sexual offence, a dangerous offender:
Provided that a trial court may on its own motion declare a convicted sexual offender dangerous.
- An application under paragraph (1) shall be made in open court and the convicted person shall be given an opportunity to state his case either in person or through an advocate of his choice.
- A court may order that either of, the following institutions supervise a dangerous offender –
- the prisons department;
- the probations department;
- the children’s department;
- the police department; or
- the criminal investigations department:
Provided that nothing in this regulation may be interpreted to take away the discretion of the court to decide the institution under which to place a person declared a dangerous offender for supervision.
- For purposes of section 33 of the Act –
- the provisions of sections 329A, 329B, 329C, 329D and 329E of the Criminal Procedure Code shall apply mutatis mutandis; and
- any rules made by the Chief Justice under section 329F of the Criminal Procedure Code shall
[Subsidiary] Dangerous offenders.
Victim impact statements.
SCHEDULE (r. 7(2)
REGISTER OF CONVICTED SEXUAL OFFENDERS
Full name(s) of the sexual offender ………….…………………………
Alias(es) of the sexual offender (if any) ………………………….…….
Date of birth ………..……… Place of birth ……….…..…..……….…
Physical address ……………..……… Telephone No. ……….……….
Sex ……..…. Race ……………… Height …………. Weight ………..
Other physical characteristics ……………….….…….……. …………
…………………………………………..………..…………………… Offence(s) with which charged ……………………….……………… Sentence entered by the trial court ………….……………….………. Whether the offender has been declared dangerous …….…………… Date(s) of conviction ………..………………………….……………. Sentence entered on reversal or enhancement ………..……………… Date(s) of reversal or enhancement ……………….…………………. Age of the victim(s) in the sexual offence ……..……………………. Previous convictions ……………………………………………….……. Dates of previous convictions ……….………….……………….……. Relationship between the convict and the victim ……..……………… Brief particulars of the offence …….………………….………………
Any other information ………………………………………………..
SEXUAL OFFENCES (DANgEROUS OFFENDERS DNA DATA BANK) REgULATiONS, 2008
- These Regulations may be cited as the Sexual Offences
(Dangerous Offenders DNA Data Bank) Regulations, 2008.
- In these Regulations, unless the context otherwise requires- “dangerous offender” means a person declared as such under
section 39 of the Act;
“Director” means the Director of the Criminal Investigations Department;
“DNA data bank” means the Dangerous Offenders DNA Data Bank established under regulation 3;
- (1) The Director shall, for purposes of Criminal identification, establish and maintain a data bank to be known as the Dangerous Offenders DNA Data Bank, which shall consist of a crime scene index and dangerous offenders’
- The crime scene index shall contain DNA profiles derived from
bodily substances that are found-
- at any place where a sexual offence was committed;
- on or within the body of the victim of a sexual offence;
- on anything worn or carried by the victim at the time when a sexual offence was committed; or
- on or within the body of any person or thing or at any place associated with the commission of a sexual
- The dangerous offenders’ index shall contain-
(a) DNA profiles derived from bodily substances as provided
for under section 122A(2) of the Penal Code; and
L.N. 133/ 2008
Establishnent of the
DNA data bank.
Contents of crime scene index.
Contents of dangerous index.
[Subsidiary] (b) profiles derived from lubricants, any kind or hair or skin.
Procedure on receipt of DNA profile.
foreign states, etc.
Communication of DNA profile by Director.
Application of regulations 8 and 9.
- In addition to the DNA profiles referred to in regulations 4 and 5 above, the DNA data bank shall contain, in relation to each of the
profiles, information from which can be established-
- in the case of a profile in the crime scene index, the case number of the investigation associated with the bodily substances from which the profile was derived; and
- in the case of a profile in the dangerous offenders index, the identity of the person from whose bodily substance the profile was
- On receipt of a DNA profile, the Director shall compare it with the DNA profiles in the data bank in order to determine whether it is already contained in the data bank, and may then communicate, for the purposes of the investigation or prosecution of a criminal offence, the following information to any other law enforcement agency considered appropriate-
- whether the DNA profile is already contained in the data bank; and
- any information, other than the DNA profile itself, that is contained in the data bank in relation to that DNA
- On receipt of DNA profile from the Government of a foreign state, an international organization established by the Governments of states or an institution of any such Government or international organization, the Director may compare the DNA profile with those in the DNA data bank in order to determine whether it is already contained in the data bank and may then communicate information referred to in regulation 7 to that Government, international organization or
- The Director may communicate a DNA profile contained in the crime scene index to the Government of a foreign state, an international organization established by the Governments of states or an institution of any such Government or international
- Regulations 8 and 9 shall apply only if the Government of Kenya or one of its institutions has entered into an agreement or arrangement, in accordance with an Act of Parliament, with that Government, international organization or institution, as the case may be, authorizing the communication solely for the purposes of the investigation or prosecution of a criminal
- No person who receives a DNA profile for entry in the DNA data bank shall use it or allow it to be used other than for the purposes of the administration of the
- No person shall, except in accordance with these Regulations, communicate or allow to be communicated a DNA profile that is contained in the DNA data bank or any other related
- Access to information contained in the DNA data bank may be granted to any person or class of persons that the Director considers appropriate for the purposes of the proper operation and maintenance of the DNA data
- No person to whom information is communicated under regulation 13 or who has access to information under any provision of these Regulations shall use that information other than for the purposes referred to in that regulation or provision thereof.
- (1) Information in the crime scene index shall be permanently removed, if the information relates to a DNA profile derived from a bodily substance of-
- a victim of a sexual offence that was the object of the relevant investigation; or
- a person who has been eliminated as a suspect in the relevant investigation.
(2) Subject to any other provision of these Regulations, information
in the dangerous offenders index shall be kept indefinitely.
- The following information in the dangerous offenders’ index shall be permanently removed without delay after-
- the conviction of a suspect is quashed and a final acquittal
- in the case of information in relation to a person who has been discharged-
- the expiry of three years after the person is discharged absolutely, unless the person is convicted of another sexual offence during that period; or
- the expiry of five years after the person is discharged conditionally, unless the person is convicted of another offence during that
[Subsidiary] Prohibited use of DNA profile.
Prohibited communication of DNA profile.
Access to information.
Unauthorised use of information.
Removal of information from crime scene index.
Removal of information from dangerous offenders’ index.
Storage of samples, etc
(2) Information in the dangerous offenders’ index in relation to a child shall be permanently removed without delay.
- (1) When bodily substances are transmitted to the Director under regulation 7 or 8, the Director shall store, safely and securely for the purpose of forensic DNA analysis, the portions of the samples of the bodily substances that he considers appropriate, and shall destroy the remaining potions without
- Forensic DNA analysis of stored bodily substances may be performed if the Director is of the opinion that the analysis is justified because significant technological advances have been made since the time when a DNA profile of the person who provided the bodily substances, or from whom they were taken, was last
- Any DNA profile that is derived from stored bodily substances shall be transmitted to the Director for entry in the dangerous offenders index and no person shall use such a DNA profile except to transmit it under this
- Access to stored bodily substances may be granted to any person or class of persons that the Director considers appropriate for the purpose of preserving the bodily
- No person shall transmit stored bodily substances to any person or use stored bodily substances except for the purpose of forensic DNA
- The Director may at any time destroy any or all of the stored bodily substances if he considers that they are no longer required for the purpose of forensic DNA
- The Director shall nevertheless destroy the stored bodily substances of a person without delay-
- after the conviction is quashed and a final acquittal entered;
- if the person has been discharged-
- after the expiry of three years after the person is dis- charged absolutely, unless the person is convicted during that period of another offence; or
- after the expiry of five years after the person is discharged conditionally, unless the person is convicted during those three years of another
- Despite anything contained in this regulation, stored bodily substances of a person in respect of whom a pardon is in effect shall be kept separate and apart from other stored bodily substances, and no such bodily substance shall be used for forensic DNA analysis, nor shall the existence of such a bodily substance be communicated to any
- The Direcror shall, without delay, destroy stored bodily substances of a
- Every person who contravenes any provision of these Regulations commits an offence and shall be liable, on conviction, to a fine not exceeding six thousand shillings or imprisonment for a term not exceeding six months, or