Inter Press Service - July 4, 2001
Judith Achieng'

Moi said at the weekend, upon returning from an international conference on HIV/AIDS in New York, that those who infect others with the virus must be "hanged", and rapists jailed for life.

This is the first time that the Kenyan head of state, who is often shy to talk about sex-related issues, has broken his silence on rape, which he directly linked to male behaviour, particularly in targeting minors -- whom they believe are less likely to be infected with HIV -- for sex.

"We have to make laws that restrict those who deliberately infect young girls (who) cannot protect themselves from such criminals," a visibly angry Moi said upon returning from the United Nations General Assembly Special Session (UNGASS) on HIV/AIDS at the weekend.

His remarks have opened a Pandora's box of comments from the Kenyan public and the media, with many doubting if such a measure could be a deterrent against the scourge that claims the lives of some 700 Kenyans every day.

While women rights groups and religious organisations, including the conservative Council of Imams, have backed the president's calls for stiffer penalties on such offenders, others argue that it will be an impossible law to enforce.

"How will you prove who infected who? Issues of sex are private matters. It is not going to be just a question of hanging people," says Dorothy Odhiambo of the Women Fighting AIDS in Kenya (WOFAK).

The International Federation of Women Lawyers (FIDA) Kenya chapter, which has been fighting for maximum penalties for sex offenders, is also opposed to the "death penalty" call, which it says has generated much debate and is drawing attention away from the plight of people living with HIV.

But Jane Kiragu, who is FIDA executive director, says the call, "coming as it did after the president had attended a UN Special session on HIV/AIDS is timely and provides the national fight against the HIV pandemic with renewed momentum."

Lucy Oriang, deputy editor of Kenya's largest independent Daily Nation, and a social Commentator, has argued in the paper's Monday edition that there is "always an element of deceit involved in HIV infection", particularly in the home, where the "marital bed has become a danger zone".

"The partner who brings home death may not necessarily know he is infected, but the initial crime is taking the risks without due consideration for their opposite number," she says.

Some spouses are aware that their partners are playing games but are unable to negotiate safer sex. "It is very difficult for a married woman to - however knowledgeable and empowered - to start talking the language of condoms with her partner. We are mortgaging our lives in the illusion of harmony at home," says Oriang.

Others have taken a different view on the mater. "While we are in support of the current positive spirit demonstrated by high ranking government officials on the need to pass legislation that will curb the spread of the pandemic, Kenyans need to adequately debate any proposed amendments," says the League of Kenya Women Voters, a non-governmental Organisation (NGO).

There also have been calls for a law requiring couples to present clean certificates of health before marriage, which rights groups say could result in the infringement of personal privacy. Churches, alarmed at the rise in the deaths of their congregations from AIDS, have begun demanding certificates from wedding couples.

The new debate comes at a time when Kenya is working on the Criminal Law Amendment Bill 2000, to raise the maximum sentence for the crime of defilement from the current 14 years to life.
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