Rapists to remain under watch

By Wahome Thuku

All convicted rapists and other sexual offenders will now be monitored for the rest of their lives, thanks to a national electronic register developed by the Judiciary.

The online register of all convicted sexual offenders was launched Tuesday by Chief Justice Willy Mutunga at the Supreme Court, in a landmark step in the fight against sexual assault.

Names that get into the database will be made available but on special circumstances, to authorities and institutions seeking information on the offenders.

The register to be manned by the office of the Chief Registrar of the Judiciary will contain offenders names, age, identification details including thump prints, date of conviction and release, and details of the offence.

The register was launched at a function attended by Attorney General Githu Muigai, judges, judiciary officials, and representative of civil organisations that deal with gender violence.

At the same event, the Dr Mutunga received a draft of the rules of procedures for courts when handling sexual offences. The rules have been developed by a special task force established to spearhead the implementation of the Sexual Offences Act of 2006.

According to the Chief Registrar Gladys Shollei the national database will be used by the State to monitor convicted sexual offenders long after they are released from prisons.

Not open to public

"The register will for example be useful to the Teachers Service Commission when hiring teachers as well as the Public Service Commission and the Judiciary," said Ms Shollei.

She however, clarified that the register would not be open to the public and would be accessed only on necessary and most deserving circumstances. The Sexual Offences Act requires the registrar to keep such a database of convicts.

Ms Shollei said all the courts in Kenya would upload information on the sexual offences cases they had concluded and the fully loaded database would be officially commissioned on August 7.

The register will eliminate numerous cases where courts are forced to treat newly convicted persons as first-time offenders due to lack of information on their previous criminal records.

Such registers are used in many other countries including Britain and Canada. According to Legal Resource Foundation’s executive director Jedidah Wakonyo there are 897 sexual offenders in remands and 562 others convicted ones in 11 prisons.

Nairobi Women’s Hospital’s CEO Sam Thenya said during the post election violence in 2008 they treated 546 cases of sexual violence.

"We have all the DNA samples, the victims know their attackers, the evidence is still there and they are still waiting for justice," he said.

Mutunga said the criminal justice system had to work in harmony since the Judiciary alone could not be effective in dealing with sexual offences.

He said the entire criminal justice system had to be sensitive when handling sexual cases right from the police stations, hospitals, courts and even the rehabilitation institutions dealing with the offenders.

The CJ said the rules would be gazzetted as soon as consultations on them were completed.

Mutunga said the judiciary had embarked on training of judges and magistrates on handling sexual cases.