Top Tweets for #SOASection26To28
Section 26 mandates enhanced sentencing for offenders who were infected with HIV or a life-threatening STD at the time of committing the offense, even if they were unaware of their infection. #SOASection26to28
But is this fair? @KELINKenya @WanguKanjaF @WanjeriNderu
Establishing specialized units can ensure that these cases are handled effectively, providing support to survivors and working to prevent such heinous crimes.
Watch the Unbroken Voices here https://t.co/Nco35j17QI
#SOASection26To28
Sexual violence is not only a severe violation of human rights but also poses a significant threat to national security, public health and the overall economy of the country.
#SOASection26To28
https://t.co/G89tv9lvtL
The government, specifically through the @InteriorKE should establish dedicated sex crimes unit within the @NPSOfficial_KE to effectively address cases of sexual violence.
@KindikiKithure @EstherPassaris @bonifacemwangi @WilliamsRuto
#SOASection26To28
https://t.co/WKV3DSviCk
Notwithstanding the provisions of any other law, where a person is charged with committing an offence under this section, the court may direct that an appropriate sample or samples be taken from the accused person
#SOASection26To28

A juristic person guilty of an offence under this section is liable on conviction to a fine of not less than five million shillings or imprisonment
#SOASection26To28

Globally, most HIV criminalisation prosecutions involve the severe punishment of unintentional, or ‘reckless’ HIV exposure or transmission.
#SOASection26To28
@UKRI_News @WBG_Gender @UN_Women @AMLabUoB @WanguKanjaF @glsurvivorsfund @EUinKenya @UrgentAct The effect is particularly dangerous when Rohypnol is used illicitly to aid in sexual assault. Victims may not be able to clearly recall the assault, the assailant, or the events surrounding the assault
#SOASection26To28
@UKRI_News @WBG_Gender @UN_Women @AMLabUoB @WanguKanjaF

When proving that there was deliberate transmission of HIV or any other life-threatening STI, the samples taken from the accused should be stored safely until the finalization of the trial. #SOASection26to28

Section 26 aims to protect individuals from the deliberate spread of the virus or sexual transmitted infections without their knowledge/consent. It's important for individuals to be aware of the legal framework and the potential consequences for such actions.
#SOASection26To28

A juristic person convicted of an offence under the Sexual Offenders Act section is liable upon conviction to a fine of not less than two million shillings. 20. #SOASection26To28
(3) A juristic person guilty of an offence under this section is liable on conviction to a fine of not less than five million shillings or imprisonment of its directors for a term of not less than ten years or both.
#SOASection26To28

(2) In proceedings for an offence under this section it is for the accused person to prove that he did not distribute or cause to be taken any substance with a view to one person engaging into a sexual activity with another person.
#SOASection26To28

Section 28 of the Sexual Offences Act Highlights Distribution Of A Substance By Juristic Person.
(1) Any juristic person commits an offence if he intentionally distributes or administers a substance to, or causes a substance to be distributed by other persons.
#SOASection26To28

The law was introduced to curb the spread of HIV/AIDS in Kenya, which by then had the fourth largest HIV positive population in the world 1.7 million people.
#SOASection26To28

(3) A person guilty of an offence under this section is, in addition to any other offence under this Act, liable on conviction to imprisonment for a term of not less than ten years.
#SOASection26To28

@CDCFound @KEMRI_Kenya @MOH_Kenya @AMLabUoB @WBG_Gender @NAssemblyKE @edgarobare @MpashoNews shall be prima facie proof that the person concerned is infected with HIV; and
(b) if it is proved that a person was infected with HIV after committing an offence referred to in this Act, it shall be presumed, unless the contrary is shown,
#SOASection26To28
(2) In proceedings for an offence under this section it is for the complainant to prove that the accused person administered or caused the alleged victim to take any substance with a view to engaging in a sexual activity with the alleged victim.
#SOASection26To28

The Sexual Offences Act and HIV/Aids Prevention and Control Act criminalise wilful transmission of HIV. The objective is to address harmful HIV-related behaviour.
#SOASection26To28 @WanguKanjaF @UKRI_News @EUinKenya @UN
Section 27 of the Sexual Offences Act Highlights Administering A Substance With Intent.
(1) Any person commits an offence if he intentionally administers a substance to, or causes a substance to be administered to or taken by, another person with the intention
#SOASection26To28

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