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Constitutional Law

Analysis of the Constitution of Kenya 2010 and constitutional litigation.

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The Sexual Offences Act Cannot Lawfully Exempt Rape Within Marriage

The implied exemption that shields a husband from rape prosecution under the Sexual Offences Act, No. 3 of 2006, is not a defensible policy choice. It is a constitutional violation, and courts should say so plainly.

Victor Mawira
9m26 May 2026