What Njoki Ndung’u Said About Plan to Lower Age of Sexual Consent to 16

April 29, 2019

Supreme Court judge Njoki Ndung’u has opposed a proposal by the Court of Appeal to lower the age of sexual consent from 18 to 16.

According to Ndung’u, it is ill-advised and unacceptable for a 16-year-old to be allowed to decide whether to engage in sex.

Speaking at a women’s function in Mombasa over the weekend, Njoki Ndung’u said the proposal is outrageous and should not be given an ear by any “sober and sane” Kenyan.

“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.

She added; “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.”

Justice Njoki Ndung’u called for collaborative engagement between the public and the police to stem rising cases of crimes against women.

Last month, 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 that many men are rotting in prisons for having sex with minors who were willing to engage in the act.

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