Nairobi — Parliament yesterday passed the Bill that provides harsher punishment to rapists and sexual offenders - but with many amendments.

In passing the Bill, the MPs also made proposals to rein in those who make false rape allegations against others.

The Bill was passed by more than 60 MPs, who sat during the Committee of the Whole House and, after going through it with a tooth-comb, gave it a nod at 6.28 pm.

But its passage provoked anger among women MPs, who accused their male counterparts of diluting the Bill and killing its initial intention. What was passed, the women MPs argued, was a mere shell that will not serve the original plan.

However, they hoped that amendments will be made to the Bill in future to improve it.

The Bill will now be handed over to Attorney-General Amos Wako for fine-tuning. After that, it will be forwarded to President Kibaki to sign it into law.

Debate at the Committee stage focused on some contentious issues that had been raised on the Bill, ranging from its attempt to outlaw female circumcision, criminalising seduction, and generally touching on issues that were purely cultural.

For example, the MPs argued that forced female circumcision was already contained in the Children's Act and deleted it from the Sexual Offences Bill.

Also thrown out was the clause providing for marital rape. There was no way non-consensual intercourse could occur between loving spouses, the MPs argued.

The Bill now states: "This section shall not apply in respect to persons who are lawfully married to each other."

MPs also harmonised punishment for various sexual offences. For example, those who attempt to defile or rape a child below 18 years will be liable to minimum jail sentence of 15 years. This could be extended to a life sentence.

The same will apply to those guilty of gang-raping.

An earlier provision that outlawed some cultural practices like bathing openly in the river or lake, or walking with parts of the body exposed was deleted.

Also, it is now an offence to commit an indecent act with a person aged over 18. Those convicted of the offence shall serve not less than one year in jail or pay a fine of not less than Sh50,000, or both.

The MPs also amended a provision in the Bill that would have made it illegal for pharmacists to dispense drugs. It had stated that any person commits an offence if he intentionally distributes or administers a substance to stupefy or overpower another person to engage in sexual activity.

Assistant minister Bonny Khalwale, a medical doctor, fought to have the clause amended so that pharmacists do not end up in jail for doing their work.

Also deleted was a clause that had provided that owners and managers of premises where a rape has taken place were liable for punishment.

Women MPs fought to have the clause retained. But when committee chairman Daniel Khamasi (Shinyalu, Narc), put the matter to vote, those against it won by acclamation.

The Bill was debated for about three hours, with the MPs adding new amendments to those already proposed by the departmental committee on Administration of Justice and Legal Affairs.

Among the amendments was the clause that now require complainants in sexual offence cases to bear the burden of proving the guilt of the accused.

MPs had complained that failing to give an accused the chance to defend his or her innocence had breached the Constitution.

Parliament also agreed that an accused be allowed to question the past sexual reputation and conduct of the complainant.

However, the clause that imposes minimum sentences on sexual offenders was left intact. Some members had complained that the provision would deny magistrates the discretion to consider circumstantial evidence.

According to the passed Bill, a person in a position of authority who makes unwelcome sexual advances or requests will be guilty of sexual harassment. The penalty for this a jail sentence of not less than three years or a minimum fine of Sh100,000, or both. But the complainant must prove that the advances were intended to be used as a basis of employment, educational advancement or relevant to his or her career.