On Monday, Chief Justice Martha Koome launched a digital register of recorded sexual offenders. The digital register is designed to give Kenya’s legal arm instant, comprehensive access to information on sexual offenders. In so doing, the register will bring about quicker, better informed action in cases relating to sexual and gender-based violence.

Primary focus of the sexual offenders register is public protection

Speaking alongside the CJ, the Deputy Chief Justice, Philomena Mwilu, told launch attendees that the “primary purpose of the Sexual Offenders Register is to enhance public protection”.

It does so, she went on to say, by virtue of the fact that “[o]ffenders must provide details of their whereabouts upon release from custody, enabling adequate monitoring of their movements.”

Digital register of sexual offenders will be open to all

The catalogue of convicted sexual offenders will be automatically available to judicial officers. Police investigators, prison officers, high court advocates, probation and children’s services officers will also have direct and automatic access.

The digital register will also be made available to members of the public and other non-governmental organisations but only if the interested party can make a clear and relevant case outlining the reason of their interest. Applicants seeking access to the information contained in the online register of sexual offenders will have to submit their application through the Judiciary’s online e-filing portal.

It is as of yet unclear what degree or type of interest will be considered allowable in sanctioning an individual’s access to the online register. Questions naturally arise from this caveat to the accessibility of this online register. Is concern for my family’s well-being enough of a relevant interest to give me access? What about concern about the behaviour of someone known to me?

These are questions we will naturally look for answers to. As of right now, however, the answers to those questions are still unclear and, with the Judiciary’s online portal presently down for maintenance, we may have to wait for another press release from it’s higher ups before we have answers.

Naming and shaming a major reason behind creation of the register

Primarily, the focus may be in enhanced monitoring capacity and the protection that the digitising of this list offers the public. It will also, and by design, act as a deterrent.

“I would like to remind those with twisted intentions,” spoke the Deputy Chief Justice, “especially those who engage in the despicable act of abusing children, that once they are apprehended and convicted, their names will forever be on the register of shame and the law will follow you wherever you go”.