CAP. 62A
Sexual Offences
Sexual Offences
[Rev. 2012]
other sentence in this Act, he or she shall be liable upon conviction to imprisonment
for a term of not less than fifteen years but which may be enhanced to imprisonment
for life.
(10) For purposes of this section—
(a) the presence in a person’s body of HIV antibodies or antigens,
detected through an appropriate test or series of tests, 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, that he or she was infected with HIV when the offence was
committed.
27. 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 of—
(a) stupefying; or
(b) overpowering that person,
so as to enable any person to engage in a sexual activity with that person.
(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.
(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.
28. 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 with the intention of—
(a) stupefying; or
(b) overpowering another person,
so as to enable any person to engage in a sexual activity with that other person.
(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.
(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.
29. Cultural and religious sexual offences
Any person who for cultural or religious reasons forces another person to
engage in a sexual act or any act that amounts to an offence under this Act is guilty
of an offence and is liable upon conviction to imprisonment for a term of not less
than ten years.
[Issue 1]
S9 - 18
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