Structural Factors Influencing Implementation Of The Sexual Offences Act In Ainabkoi Sub-County, Kenya

Abstract

The Sexual Offences Act offers considerably promise for decreasing Sexual offences in Kenya. It nonetheless remains unclear whether its implementation is effective in terms of victims getting justice. The study did seek to analyze structural factors influencing implementation of the Sexual Offences Act in Ainabkoi Sub-County. The objectives of the study were: To find out how economic factors influence implementation of sexual offences Act, to establish how social factors influence implementation of sexual offences Act, to establish how legal factors influence implementation of sexual offences Act and finally to find out how political factors influence implementation of sexual offences Act in Ainabkoi sub-county. Descriptive survey research design was employed in the study since it enables the researcher to study factors influencing the implementation of the sexual offences Act by targeting a representative number of 99 respondents from the target population. The research instruments used in the study were questionnaire and interview schedule. Quantitative data collected was analyzed using Statistical Package for Social Sciences (SPSS) 20.0 version. The data was analyzed descriptively and inferentially. The analyzed data was presented using tables. The study findings revealed that(mean=4.07, Std dev=1.50) of the respondents were of the opinion that there is poor legal funding support for protection and assistance to government implementing agencies, (mean=2.55, Std dev=1.76) of the respondents were of the opinion that the number of corruption cases on sexual offences are too high and therefore justice is interfered, (mean=3.22, Std dev=1.64) of the respondents were of the opinion that the duration of litigation process against sexual assault covers a wide scope of time that needs patience and drain resources and (mean=4.45, Std dev=2.18) of the respondents were of the opinion that political context to the implementation of the sexual offences Act are involved in the molding the proposals for reform. Inferential statistical findings revealed that there was a moderate uphill (positive) relationship between economic factors and Implementation of Sexual Offences Act, which was statistically significant (r = 0.475, n = 91, p<0.01), there was a (negative) linear relationship between Social factors and Implementation of Sexual Offences Act, which was statistically significant (r = -0.279, n = 91, p<0.01), there was a moderate uphill (positive) linear relationship between Legal factors and Implementation of Sexual Offences Act, which was a statistically significant (r = 0.461, n = 91, p<0.01), finally that there was a moderate positive correlation between Political factors and Implementation of Sexual Offences Act, which was statistically significant (r = 0.500, n = 91, p<0.01). In conclusion the study results revealed that there is poor legal funding support for protection and assistance to government implementing agencies. The nature of relationship with individuals also interferes with normal procedures of implementing sexual offence Act. Further the level of bureaucracy at jurisdiction offices lie in the hands of the officers in judge. The study recommends that the government should lower the rates of taxes on general income of workers as well as increase remuneration so as to curb the problem of temptation on bribing advocates. The study recommends to the county governments to increase access of services at the local set up by building more legal structures of jurisdiction at the constituency level. The study suggests further research to be done on the evaluation of social challenges influencing performance of judicial offices on implementation of sexual offences Act.