Supreme Court judge Njoki Ndung’u weighs in on legal sex age debate


Supreme Court judge Njoki Ndung’u says she is against a proposal floated by Court of Appeal judges that children aged 16 should be allowed – lawfully — to give consent on sex.

Speaking at a women’s function in Mombasa on Friday, April 26, Justice Ndung’u said 16-year-old children are not ripe — mentally and emotionally — to be accorded the freedom to decide whether to have sex with somebody or not.

“When such a proposal comes to Parliament, please make sure it does not succeed. Let us protect our children. 16-year-olds are not old enough to have sex. And, anyone who has sex with a child is a criminal, treat such people as criminals,” said Justice Ndung’u.

“I cannot agree or support that position. The law says a child is any person aged below 18. You cannot say one is a child when it comes to not voting, not driving, not footing hospital bills, but when it comes to sex, one is treated as an adult. Hiyo, akina mama msikubali,” said Justice Ndung’u.

In March this year, Court of Appeal judges Roselyn Nambuye, Daniel Musinga and Patrick Kiage triggered a national debate when they proposed the lowering of legal sex age to 16, arguing many men are rotting in prisons for having sex with minors who were willing to engage in the act.

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