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Section 39(13) of the Sexual Offences Act (no. 3 of 2006) requires the Registrar of the High Court to establish and maintain a register for convicted sexual offenders. Following the promulgation of the Constitution of Kenya 2010, this function is now performed by the Chief Registrar of the Judiciary and currently has its Central Registry based at the Supreme Court Building, 2nd Floor, Room 62A. Further, an Electronic Register (CSOER) has been automated and the formal launch was done by the Hon. Chief justice on the 26th of June, 2023.
The SOR Central Registry Section maintains both an automated and a physical registry in the Supreme Court Building. It manages all data and provides access to stakeholders as required by law. This section serves as a central point for accessing records of convicted individuals, making them available for public awareness, victim protection, and statistical reporting to inform policy and law-making decisions.
Other than a legal requirement, the SO Central Registry serves the following objectives:
a) Provide information on the prevalence of sexual offences while pointing to circumstances under which they are committed
b) Act as deterrence to potential perpetrators of such offences since their details are to be captured and kept permanently
c) An evidence-based source of information that can help shape policy and future laws targeting sexual offences.
Who is a Convicted Sexual Offender?
A Convicted Sexual Offender is a person who is found guilty of any of the offences in the Sexual Offences Act (no. 3 of 2006). Some of these offences include:
ü Rape & Attempted rape
ü Gang rape
ü Sexual assault
ü Compelled or induced indecent acts
ü Defilement & Attempted defilement
ü Indecent act with child or adult
ü Promotion of sexual offences with a child
ü Child sex tourism
ü Child prostitution
ü Child pornography
ü Sexual communication with a child
ü Exploitation of prostitution
ü Prostitution of persons with mental disabilities
ü Incest
ü Sexual harassment
ü Deliberate transmission of HIV or any other life threatening sexually transmitted disease
ü Administering a substance with intent
Conviction for any of these offences will be recorded in the register.
Which Information is Entered in the Register?
a) the name(s) of the sexual offender and alias(es)
b) date of birth
c) place of birth
d) nationality
e) physical description, in particular, sex, race, height, weight, eye colour, hair colour, scars, tattoos or other marks or characteristics
f) passport photograph and a set of fingerprints
g) physical address at the time of the offence and any other domiciles
h) the offence with which charged
i) the sentence entered by the trial court
j) the date(s) of conviction and any sentence(s) imposed
k) the sentence entered on reversal or enhancement
l) the age of victim(s) in the sexual offence in question
m) previous convictions entered against the convict under the Act or related penal laws
n) the relationship between the convict and the victim, if any, including information as to whether there was a position of trust
o) brief particulars of the offence as well as the circumstances under which the offences was committed
p) whether the sexual offender has been declared dangerous by a court of law; or
q) any other information, which, in the Registrar’s opinion, requires to be kept.
Who Submits this Information to the CSOER?
Each court station has an SO Liaison Officer who is required to submit this information to the SOR Central Registry on a monthly basis. This includes monthly submissions of NIL convictions.
At What point are an Offender’s Details Entered on the Register?
An offender’s details are only entered on the register once they are found guilty (convicted) of a sexual offence. No entry is made on the register at the point of arrest nor at any stage of the criminal process unless and until the suspect is pronounced guilty by a court of law.
How Can a Person’s Name be Removed from the Register?
Once convicted and listed on the register, a person’s name can only be removed if they lodge a successful appeal that reverses their conviction.
How long does a convicted sexual offender stay on the register?
The registration period of a sex offender shall lapse upon the sex offender’s death.
How are Sexual Offenders Classified?
The law provides that some sexual offenders may be classified as dangerous offenders. These are offenders who have:
a) more than one conviction for a sexual offence;
b) been convicted of a sexual offence which was accompanied by violence or threats of violence; or
c) been convicted of a sexual offence against a child.
In addition to their details being entered on the sexual offenders’ register, DNA profiles from dangerous offenders are kept in the dangerous offenders’ index which is maintained by the Director of Criminal Investigations. They may also be placed under long term supervision upon release from prison.
Obligations of a Registered Sexual Offender
A sex offender is required to notify the Registrar if s/he—
a) ceases to live or reside at the registered address or moves to a different address;
b) leaves a job or obtains a new job, or leaves a school or enrolls in a new school;
c) leaves the jurisdiction of the High Court.
Notice of these changes shall be in writing and shall be provided prior to the change, if feasible, and in any event within twenty-one days of the occurrence of the change.
Notices of change in address or place of work or school attendance shall include the new address, location and phone information.
Protection of Victims, Complainants & Witnesses
The law requires that in the maintenance of the register, regard shall be had to the need to protect the names and identity of the complainant, victims and other witnesses, especially where such persons have been declared vulnerable by a court of law during criminal proceedings.
Who Can Access the Register?
Category A – Authorized Persons
The Register is accessible at all times by the following persons—
a) judicial officers
b) advocates of the High Court involved in criminal proceedings to which information kept in the Register has a bearing
c) probation officers
d) children officers
e) state counsel and prosecutors
f) police investigators
g) the prisons department
h) other relevant agencies which, in the opinion of the Registrar, may require such information.
Category B – Other Persons
Additionally, any other person may request the Registrar for information on whether a person’s name has been entered in the Register. However, such an applicant must demonstrate to the Registrar that s/he has a reasonable interest in this information. The list of persons who may access the register on this basis is not conclusive and these requests are considered on a case-by-case basis.
How to Access the Register
Access by Authorized Persons
a) The persons authorized by the Act (Authorized Persons) who require access to the CSOER shall have access at any time during working hours through a link and user name (credentials) which will be created for the purpose.
b) The information will be on “read only “form in the system.
c) Alternatively, the Authorized Persons can physically access the CSOER through an Authorized Officer by submitting a written authorization from the institution.
d) The Authorized Officer seeking to access the CSOER shall download and fill the prescribed Request Form attaching the written authorization and identification documents.
e) An Officer in the Registry shall then allow the Authorized Officer access to the manual Register.
Access by Other Persons
a) Members of the public seeking information from the CSOER shall fill the prescribed Request Form, indicating their interest in the information sought, to the office of the CRJ.
b) Upon consideration of the request by the Chief Registrar, feedback shall be given to the interested person within 21 days of the request.
Misuse of Information on the Register of Convicted Sexual Offenders
The Registrar shall not allow access to the CSOER where there is reason to believe that the information is intended to be used in a prejudicial manner.
Any person who uses or allows to be used in a prejudicial manner information kept in the Register commits an offence and is liable, on conviction, to a fine not exceeding six thousand shillings or imprisonment for a term not exceeding six months, or both.
Fees
Access to the register is free of charge.
Physical Location – Office of the Chief Registrar of the Judiciary, Supreme Court Building, Ground Floor, Room 6
Postal Address – P.O. Box 30041-00100 Nairobi, Kenya
Phone Number – +254 02 222 1221
E-Mail Address – chiefregistrar@court.go.ke
All e-mails sent to the above addresses should be copied to SOR@gmail.com
OR ALTERNATIVE
Physical Location – Office of the Chief Registrar of the Judiciary, Supreme Court Building, Room 62A, Second Floor
Postal Address – P.O. Box 30041-00100 Nairobi, Kenya
Phone Number – +254 02 222 1221 / +254 730 181 881
E-Mail Address – chiefregistrar@court.go.ke
All e-mails sent to the above addresses should be copied to SOR@gmail.com
Complaints
We endeavor to respond to all e-mails within 72 hours, excluding weekends and public holidays. If you experience any challenges or unreasonable delays with our services, please call 0730 181 881.
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