Essay is divided into 4 broad parts:

Part I: Contextualize the concept of

consensual intercourse in Kenya.
Part II: Locate consent in hegemonic
masculinity discourse.
Part III: Discuss the Centrality of Consent and
the Question of Post-Penetration Rape.
Part IV: Way Forward for Kenya
 Scope of common law and statutory definition of consent.
Interrogate the definition of rape both in the
Penal Code (Section s139 & 140) and the
Sexual Offences Act, 2006 (Sections 3 and
42-45).
Revisit several case laws including: Kamau vs
R, HCCA No. 332 of 2001; Achoki vs R CACA
NO. 6 of 2000; Kaitamaki vs. The Queen
[1984] PC; Re John Z 60 P
Post-penetration withdrawal of consent discourse in Kenya.
The court in Achoki for instance considered that: Emotions
are not taps to be turned or on off at will.
 Men and women do not posses equal rights in
sexuality before/ during sex.
Naturalization of gender relations during intercourse
sex relations are structured so that men and women
are expected to act in particular ways during
intercourse. (Men are actors while women are
receivers) Dominance vs. Subordination.
Men are seen to be naturally in control of intercourse
before and during sex which means that they can
not only negotiate for sex but also determine when it
ends.
A woman stopping sex during intercourse illustrates a
power shift which challenges hegemonic masculinity.
 Post-penetration withdrawal of consent
during intercourse places a womans
body in her control and therefore
potentially threatens the institution of
hegemonic masculinity.
Most men cannot fathom the idea that
a woman cannot withdraw consent
perhaps because of the belief that they
do not have control over their own
bodies.
 Therefore any sexual act after initial consent cannot amount
to rape even where consent is withdrawn during intercourse.
A womans body is merely regarded as a site for mans
(actors) pleasure which the woman (receivers) herself does
not have control.
A man therefore believes that he has a carte blanche with a
womans body irrespective of her thoughts on the subject
provided she gave initial consent.
The myth that men cannot control there sexual urges once
inflamed.
The idea of hegemonic masculinity can be identified in the
way the definitions of rape and consent have been
couched in both Kenyas common and statutory laws.
 Brief discussion on consent vs. force in
defining and shaping the
reconceptualization of the offence of rape
in Kenya.
A case for why any sexual act after
withdrawal of consent either verbally or
non-verbally - during intercourse should
amount to rape.
Discussion of how mens pursuit of sexual
pleasure post withdrawal of consent
subordinates womens sexual autonomy.
 Expanding the definition of rape to
include post-penetration withdrawal of
consent during intercourse.
Implications of this in the broader
context.
 Not a lot has been written on this area,
particularly in Africa and more specific in
Kenya. A lot of the literature is general as to
the offence of rape where consent is
absent before penetration.
This perhaps illustrates the notion that most
people in Africa think of it as largely a non-
issue due to the seemingly outrageous
proposition that there can exist such a
concept as post-penetration withdrawal of
consent.
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