What rape is under Kenyan law and the punishment
Sexual Offences Act, 2006 · sources read 5 Oct 2026
Rape is penetration with genital organs without the other person's consent, or with consent got by force, threats or intimidation. It carries at least 10 years and up to life in jail.
- Where
- Any police station (999, 112 or 911); GBV helpline 1195
Steps
- Get to a hospital or health centre quickly, within 72 hours if you can, for HIV PEP and emergency contraception. They only work in that window.
- Report to the nearest police station, or call 999, 112 or 911 in an emergency.
- Call the free GBV helpline 1195, open 24 hours, for counselling and referral to medical care, shelter and legal aid.
- You can ask the court for an order for your treatment.
Watch out
- After a sexual assault, get to a hospital or health centre as fast as you can. HIV PEP (medicine that can stop HIV infection) and emergency contraception only work if taken within 72 hours.
- Someone asleep, unconscious, drugged or very drunk cannot consent in law.
- Abusing power or authority (a boss, teacher or guardian) so the person cannot resist also makes the act unlawful.
- The 10-year minimum stands: the Supreme Court held the Act's minimum sentences are not unconstitutional.
Who this covers
- Protects everyone, women and men.
- Consent means agreeing by choice, with the freedom and capacity to choose.
Official sources (5)
- Sexual Offences Act (No. 3 of 2006) new.kenyalaw.org · read 2 Oct 2026
- Molel v Republic (Criminal Appeal 188 of 2017) [2024] KECA 1681 (KLR), applying Republic v Joshua Gichuki Mwangi [2024] KESC 34 (KLR) new.kenyalaw.org · read 2 Oct 2026
- Kenya Police Service home page kenyapolice.go.ke · read 2 Oct 2026
- GBV Prevention and Response migecah.go.ke · read 2 Oct 2026
- Kenya: information for victims of rape and sexual assault gov.uk · read 5 Oct 2026