New proposals from the Dr Nancy Baraza-led task force aims to introduce sweeping reforms in the battle against sexual violence. Most notably, mandatory chemical castration for paedophiles and a complete ban on out-of-court settlements in gender-based violence (GBV) cases.

While these recommendations reflect the nation’s growing frustration with rampant sexual offences and a failing justice system, they also raise profound legal, ethical, and practical questions.

The proposal to chemically castrate convicted child sex offenders marks a bold and controversial stance. Its intent is understandable – justice for victims and deterrence for offenders – but critics argue it risks prioritising emotional response over constitutional principles.

As lawyer Gad Awuonda rightly warns, harsh penalties that lack solid legal grounding may backfire in court. Kenya’s legal system must be careful not to undermine justice in pursuit of it.

Similarly, the criminalisation of out-of-court settlements in GBV cases addresses a glaring loophole. Informal dispute settlements – driven by culture, corruption, or desperation – routinely sabotage prosecutions. While the move promises justice for survivors, implementation will be complex.

What happens when victims, fearing stigma or lacking support, opt for these resolutions? Charging them alongside perpetrators may further traumatise survivors and deter reporting.

There is no denying the gravity of the problem. The horrific defilement of children and the surge in femicide – nearly 100 cases last year – underline a national emergency. Yet these symptoms stem from a broken system of inadequate policing and corruption, slow trials, and deeply rooted patriarchy. Legislative changes alone cannot undo these flaws.

Still, Baraza’s team deserves commendation for pushing the conversation forward. Their call to define femicide as a distinct and aggravated crime is a step towards recognising the gendered nature of such violence. Similarly, the recommendation to eliminate the “crime of passion” defence rightly puts the burden of accountability back where it belongs.

What Kenya needs now is a multi-pronged approach that would include legal reform backed by survivor-centred support systems, capacity building for law enforcement, public education, and cultural transformation.