A girl, barely out of childhood herself is expectant and waiting to deliver at shockingly, 13 years- These were words of frustration from a nurse serving in a sub county hospital who confided in me her hopelessness in assisting teenage mothers deliver. She further alluded that the girl knows the man responsible for the pregnancy, a randy university student- A man who should be behind bars, not in a lecture hall, serving a well-deserved sentence of not less than 20 years as per the Sexual Offences Act (2006) section 8.
The act of having sexual intercourse with a child, itself defilement is a criminal offense according to the sexual offences act. In Kenya, having carnal knowledge with a minor, specifically defilement, carries severe penalties under the Sexual Offences Act. The age of consent is 18, and the Act defines defilement as any act causing penetration with a child. The penalties are based on the age of the child: life imprisonment for defilement with a child 11 years or younger, not less than 20 years for children aged 12-15, and not less than 15 years for children aged 16-17.
Despite this tough legal forewarnings, the 2022 Kenya Demographic and Health Survey (KDHS) indicated that 15% of adolescent women (15-19 years) have ever been pregnant, with 12% having given birth, 1% experiencing pregnancy loss, and 3% currently pregnant. This means that 15 out of 100 girls in their adolescent age having at one point have been pregnant and probably the trend is worsening.
Anyone under the age of 18 years is a minor and therefore deemed not mature enough to make consent for any sexual engagement. It therefore means that anyone who engages in any sexual activity with a minor, even if the child consented is guilty and must face the full force of the law.
In African traditions, this was not allowed and it would lead to serious consequences. While some traditions may involve community shaming, mediation, or negotiation between families, others may result in harsher punishments such as whipping, heavy fines and possibly banishment from the offended community.
The religious perspective on sex and perversion is considered a cardinal sin. The story of Sodom and Gomorrah illustrates the almighty’s wrath upon people who engage in unpermitted and promiscuous sexual engagements. The city suffered total annihilation, destroyed by sulfur and fire, a cataclysmic event that serves as a reminder of God’s power and judgment for sexual sin. You would imagine how enraged God would be and is at the imagination and actualization and sexual sin with underage subjects. This must be what the sin noted as red as scarlet and crimson. Terrible!
Despite the law being very explicit, moral, and social and tradition standards discouraging sexual activities with minors, it is very frustrating to see large numbers of girls, some in primary schools being pregnant and little or no action being taken. This immoral and repugnant behavior must be tamed and those responsible be accountable before the law.
Making a minor pregnant is a very irresponsible action. It heaps a huge burden on the young soul. First, the child should be under the care of parents or guardians and therefore cannot be fit to undertake the responsibility of parenthood. They deserve the tender love and care as they are too young to full undertake such a huge calling of parenthood. Secondly, their bodies and social resilience is not strong enough to responsibly be parents. That poses the risk of health complications or even death. They too don’t have their motherly instincts and strength full developed for such a titanic and demanding duty.
Impregnating a toddler consequently throws out her chances of advancing her education. Imagine grade 9 pupil getting pregnant means that her 3 years during pregnancy, delivery and post-delivery totally disorients and diminishes her chances of return to school. It also makes it very difficult for her to concentrate in her studies if she ever gets the chance to get back to school.
Teen pregnancies also heap unnecessary burden to parents since they have to take extra soul with special demands for clothing, medicare and proper nutrition. This problem is exacerbated by a situation of poverty and hopelessness which is very characteristic of rural and informal settlements.
The question is how then, can professionals in the health sector help to tame this menace. I am reliably informed that medical facilities in Kenya keep a “special file” for underage expectant mothers who attend pre-natal clinics.
Picture this, anyone who seeks medical attention with a gunshot wound in a medical facility has it that the law enforcement officers must be notified. It therefore should make sense that any child who seeks medical attention for prenatal services must have the matter be subjected to the criminal justice process because obviously, a crime had had taken place; defilement.
So for the, medics to help in stamping out this vice, they must not just keep the file of teenagers who have been defiled and regrettably put into early motherhood. It would help in stopping would be defilers and sex pests by making it compulsory that the Department of Criminal Investigations (DCI) must be involved in the process. While the medics continue with the necessary and important responsibility of ensuring both the life of the minor and the unborn child, those files must be forwarded to law enforcers, that way, defilers will be afraid to engage in actions which lead to teen pregnancies.
Medics, over to you.
Leave a comment