Task force proposes chemical castration for sexual offenders
By Zadock Angira, July 25, 2025Sexual offenders, including paedophiles, may soon face mandatory chemical castration under controversial proposals by a task force led by former Deputy Chief Justice Dr Nancy Baraza.
The 42-member Technical Working Group on Gender-Based Violence (GBV), formed in January to address Kenya’s alarming rise in femicide cases, has also proposed criminalising out-of-court settlements in all GBV cases.
Frustrated by out-of-court settlements that have hindered prosecution of defilement, rape, and sodomy cases, the team wants Parliament to amend national laws to “explicitly prohibit the informal or customary resolution of criminal GBV, including femicide and sexual offences to curb impunity and uphold survivors’ rights to justice”.
Severe punishment
In a move likely to spark controversy among human rights defenders, medical professionals, and lawyers, the task force proposes mandatory chemical castration for all paedophiles, alongside existing penalties under the 2006 Sexual Offences Act, 2006.
“Amend the Sexual Offences Act 2006 to include chemical castration for both male and female child sex offenders,” states one clause in the report, which will be presented to President William Ruto next week.
Under the proposal, those who inflict or threaten sexual violence against children under 18 would undergo chemical castration. If enacted, Kenya would join Poland, South Korea, Indonesia, Russia, and some US states in applying this severe punishment. In Africa, only Madagascar and Nigeria’s Kaduna state currently use chemical castration.
Medics describe chemical castration as a medical treatment that reduces or eliminates a person’s sex drive and sexual function by using hormonal drugs. It is not surgery, unlike physical (surgical) castration.
Hormone-blocking drugs
It involves administering medications — typically anti-androgens or hormone-blocking drugs — that lower testosterone levels in the body. Testosterone is a key hormone in male sexual drive and function.
Dr Denis Miskellah Mbegah, a gynaecologist at Kenyatta National Hospital and deputy secretary general of the doctors’ union KMPDU, explains that chemical castration is “a medical treatment that reduces or eliminates a person’s sex drive and sexual function by using hormonal drugs”.
Unlike surgical castration, the procedure involves administering anti-androgens or hormone-blocking drugs that lower testosterone levels. “It significantly reduces libido, may reduce erectile function and fertility,” Miskellah told People Daily. “It is often reversible – sexual function can return if the drugs are stopped, though not always fully.”
Lawyer Gad Awuonda, a member of the Committee of Experts that drafted Kenya’s 2010 Constitution, warns against “stiffer and harsher penalties such as chemical castration out of emotion”.
“It’s doubtful … it could be implemented in Kenya, given our constitutional vigilance against policy actions that appear accentuated by emotions rather than deep consideration of practical challenges,” Awuonda said.
Likely court challenges
While the proposal may pass Parliament, Awuonda believes it will face court challenges when tested against Bill of Rights guarantees. “On sensitive and emotional issues like sexual predation against children, we need to get it right and not unwittingly let paedophiles have a successful day in court with poorly thought through interventions,” he warned.
Under the Sexual Offences Act, defilement carries severe penalties: life imprisonment for offences against children 11 or younger, minimum 20 years for children aged 12-15, and minimum 15 years for those aged 16-18.
Recent police reports indicate a surge in sexual violence cases. In the past week alone, at least 20 children have been defiled and dozens of women raped nationwide.
Crimes against children
In Kombewa, Kisumu County, a 37-year-old man was arrested for allegedly sexually assaulting his six-month-old stepson. The victim’s mother, Diana Adhiambo, discovered the assault after returning from the market. The suspect, George Aoko, was charged at the Kombewa Law Courts.
In Machakos County, police are seeking a man who defiled a four-year-old pupil outside her school gate. The victim was rushed to Machakos Level 5 Hospital for treatment.
Similar cases have been reported in Nyeri and Kisumu counties.
The task force wants to criminalise all out-of-court settlements in GBV cases, arresting and charging all parties involved. This targets traditional alternative dispute resolution mechanisms where community elders arrange compensation between victims’ and suspects’ families.
Police incompetence
However, Awuonda cautioned that “some more thinking needs to go into this blanket ban”, especially given that police incompetence is often why cases fail in court. “It is doubtful who will be charged here, especially whether that includes the victim who may be willing to settle the matter according to their sense of justice,” he warned.
To combat rising femicide cases, the task force proposes treating femicides as aggravated murder with death sentences. The report states: “Further, the defence of intoxication or crime of passion should not be availed to this offence because it undermines accountability, trivialises the harm suffered by the victim and risks promoting impunity.”
Femicide definition
The team recommends adding a specific femicide definition to the Penal Code: “an intentional killing with a gender-related motivation” distinct from ordinary murder.
The task force includes prominent members such as Ann Ireri, Sam Thenya, James Nombi, Michael Kariuki, Faith Odhiambo, Linda Musumba, and Seth Masese, among others. Their mandate covers assessing and recommending measures to strengthen institutional, legal, and policy responses to GBV and femicide.
The team was appointed following a troubling surge in cases over two years, with at least 97 femicide cases reported last year alongside an estimated 4,000 other GBV incidents.