Kenya's First Digital Sex Offender Registry & Why Kenyans Want It Made Public
The sex offender registry is a simple term from the Convicted Sexual Offenders Electronic Register which was set up in fulfilment of the Sexual Offences Act of 2006 at Kibera Law Courts.
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Chief Justice (CJ) Martha Koome on Monday, June 26 launched Kenya's first online sex offender registry whereby Kenyans will have the power to obtain information about sexual offenders residing in their communities.
The sex offender registry is a simple term from the Convicted Sexual Offenders Electronic Register which was set up in fulfilment of the Sexual Offences Act of 2006 at Kibera Law Courts.
The CJ while speaking at the Kibera Law Courts noted that the register will hold a crucial database of all convicted offenders and will ensure easy access to information on convicted sex offenders for relevant authorities.
“We are sending a clear message that our society will not tolerate those who prey upon the vulnerable. We will hold them accountable, and their actions shall not go unnoticed or unpunished," she affirmed.
CJ Martha Koome during Supreme Court proceedings on the 2022 presidential election petition. /FILE
Furthermore, the automated register will act as a deterrent to potential sex offenders as well as serve as a tool for the prevention and rehabilitation of the same.
“The register will enable the actors in the justice chain to monitor and supervise sexual offenders after their release from prison. It will also enable the public to access information on sexual offenders in their neighbourhoods and take precautionary measures to protect themselves and their children,” she added.
Speaking at the same event, Deputy Chief Justice Philomena Mwilu expressed concern that cases of sexual and gender-based violence including sexual offences have reached pandemic levels across the country leaving young boys, girls and women scarred and the communities fractured and bleak.
“The policies and interventions we launch here today will go a long way to improving access to justice for these vulnerable groups,” DCJ Mwilu weighed in.
CJ Koome also launched the Sexual Gender Based Violence Strategy, the Child Justice Strategy and the specialized SGBV Courts in Kibera and Makadara Court Stations.
Why Sex Offender Registry Should Be Public: Kenyans Urge
A majority of Kenyans however argued that the online register should be made public and to other relevant institutions so that it creates awareness of the sexual offenders to avoid in the country, akin to culprits exposed and shamed on a section of social media platforms.
"This is long overdue. Besides judicial officers, it should be made accessible to education officers, taxi-hailing companies, NTSA and other relevant institutions/platforms," a tweep recommended.
What Is Sex Offender Registry?
A sex offender registry is a system in place in a number of jurisdictions designed to allow authorities to keep track of the residence and activity of sex offenders (including those released from prison).
In many jurisdictions, registered sex offenders are subject to additional restrictions (including housing). Those on parole (or probation) may be subject to restrictions not applicable to other parolees or probationers.
These include restrictions on being in the presence of minors, living in proximity to a school or daycare centre, or owning toys (or other items of interest to minors).
Israel's sex offender registry, for example, is accessible only to security officials, rather than to the general public. This is in comparison to the United States (US), which has a list of all sex offenders in the US States available to members of the public.
The digital register includes the offender’s physical appearance, address and criminal history, which can all be accessed through the National Sex Offender Public Website.
"The Dru Sjodin National Sex Offender Public Website—administered by the Department of Justice—enables everyone to search the latest information on the identities and locations of registered sex offenders from all 50 states, the District of Columbia, the principal U.S. territories, and more than 150 Indian tribes. nsopw.gov is a one-stop-shop for sex offender information across state, tribal, and territory jurisdictions, pulling information from each jurisdiction’s registry website into one search.
A graphic of the sex offenders registry in the US. /GLEN OAKS COMMUNITY COLLEGE
"The U.S. Department of Justice’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) manages nsopw.gov and administers the standards for the Sex Offender Registration and Notification Act established in Title I of the Adam Walsh Child Protection and Safety Act of 2006. The SMART Office works with states, tribes, and territories as they work to implement the Sex Offender Registration and Notification Act and to further knowledge of sex offender management best practices," states the Federal Bureau of Investigation (FBI) on its website.
In Kenya, while the automated registry can be freely accessed by judicial officers, members of the public can also gain access after making a request.
One will be required to fill out the prescribed request form indicating their interest in the information sought by the office of the Chief Registrar of the Judiciary through the e–filing system.
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