Addressing wrongful rape convictions in Kenya: a case for criminalization of false rape accusation

Abstract

Kenya has witnessed cases involving persons wrongfully convicted of rape as a result of false accusations. Such cases not only undermine the integrity of Kenya’s legal system but also the accused person’s rights outlined in the Constitution of Kenya 2010. The consequences range from criminal sanction to stigma, damaged reputation, strained relationships, isolation, and lack of faith in the legal system. As a consequence, this study explores the need to criminalize the act of giving false rape accusations in court. It also seeks to explore possible elements that the prosecution ought to prove to convict an individual that makes a false rape accusation. Furthermore, it discusses the suitable punishment that should be given for such an offence. In doing so, the paper analyses the current legislations in Kenya and Kenyan case laws while juxtaposing the same with the other jurisdictions such as South Africa on the question of false rape accusations. Through this, the study proposes legal reforms, such as the adoption of laws that severely penalize persons who intentionally and falsely accuse someone of rape. By criminalizing false rape accusations, the reforms will strengthen the general fairness of Kenya's legal system, safeguard accused parties' rights, and discourage false allegations by making such acts illegal.