Assessing false allegations of rape in Kenya

Abstract

The main objective of this research is to assess Kenya’s laws on rape and the impact of its inadequacies on the rights of accused persons. Lack of clarity in law on certain issues may perpetrate instances where innocent people end up being convicted either on the basis of false claims or unclear offences that should not be illegal, for instance, consensual sex between adolescents. This research intends to uncover through case law, analysis of literature and comparative study, what exactly is missing in law that perpetrates this issue and whether or not this issue is prevalent in Kenya. The main focus of this research will be on false allegation of rape, a topic whose discussion is received with high levels of hostility in many jurisdictions even when it has a vital impact on the justice system. Other forms of injustice perpetrated by the inadequacies in Kenya’s rape laws will equally be discussed and a comparison made to legal instruments and cases in other jurisdictions. It is hoped that this research will inform policy improvement in the future and contribute to the body of knowledge related to the issues commented on