This hot potato won't cool

[Karma_mama]

Sori guys. No offence meant.

But one of my close pals is Peter Ouko. He is the CEO of CrimeSiPoa, which tries to tell youth not to engage in crime. He did over 25 years in Kamiti. He told us recently that in Kenya today the leading cause of incarceration is the SOA. Yaani out of every 10 men being jailed up to six are in because of the SOA. Funnily, most are involved in one or another family dispute especially on land. The other group are young boys who would be exploring their sexuality.

I have said and said again that I don't condone pedophilia. Anybody for example who defile a 5-year old should just be put to death.

But a good law should give latitude for a judge's experience and mitigation especially when dealing with consensual relationships. Prescribing that you must jail one party, even underage boys, with MANDATORY sentences ni upusi.

I have asked a very specific question up here which nobody is answering - where is the justice, fairness, equity or even morality in throwing a 14-year old boy into jail for sleeping with his age mate?

Nimesema na nitasema. Huu ujinga across the board against men is what is turning many of us into beasts. Inafanya tunawaua na tunawachoma. I mean, why leave somebody alive when all they have to do is shout 'rape' and you get life? Si afadhali ufanye kitendo uingie Kamiti kama yule Jamaa wa wrestling?

Let us return to the respectful gender relationships we had, not this western shit meant to destroy our societies. All lives are valuable.

It only worked in the old days because everyone respected the rules of the day then.
You sleep with my daughter you marry her. If you don't, you pay with goats or whatever.
Not surprisingly it was the same in most cultures. A friend from Scotland told me if you made a girl pregnant in the old days, you brought her a bag of coal every week until the child was grown or she got married.
In a nutshell taking responsibility.

 

[Field Marshal]

It only worked in the old days because everyone respected the rules of the day then.
You sleep with my daughter you marry her. If you don't, you pay with goats or whatever.
Not surprisingly it was the same in most cultures. A friend from Scotland told me if you made a girl pregnant in the old days, you brought her a bag of coal every week until the child was grown or she got married.
In a nutshell taking responsibility.

I will not engage you on this matter until you address the 14-year old boy case. Sori.

 

[Denis Young]

Sori guys. No offence meant.

But one of my close pals is Peter Ouko. He is the CEO of CrimeSiPoa, which tries to tell youth not to engage in crime. He did over 25 years in Kamiti. He told us recently that in Kenya today the leading cause of incarceration is the SOA. Yaani out of every 10 men being jailed up to six are in because of the SOA. Funnily, most are involved in one or another family dispute especially on land. The other group are young boys who would be exploring their sexuality.

I have said and said again that I don't condone pedophilia. Anybody for example who defile a 5-year old should just be put to death.

But a good law should give latitude for a judge's experience and mitigation especially when dealing with consensual relationships. Prescribing that you must jail one party, even underage boys, with MANDATORY sentences ni upusi.

I have asked a very specific question up here which nobody is answering - where is the justice, fairness, equity or even morality in throwing a 14-year old boy into jail for sleeping with his age mate?

Nimesema na nitasema. Huu ujinga across the board against men is what is turning many of us into beasts. Inafanya tunawaua na tunawachoma. I mean, why leave somebody alive when all they have to do is shout 'rape' and you get life? Si afadhali ufanye kitendo uingie Kamiti kama yule Jamaa wa wrestling?

Let us return to the respectful gender relationships we had, not this western shit meant to destroy our societies. All lives are valuable.

I agree. Nilisema kitambo we are a third world country which has adpopted first world problems. We have an entire generation that has been raised by YouTube and Netflix. They are not grounded in reality.

You have seen them canceling akina Shaffie and Dj Joe Mfalme and you have seen the letters from CA and EABL were all from women.

Boychild hana lake in this world. The saddest thing is that anapigwa by both women and men.

 

[The.Black.Templar]

Even where the age difference is big, the Act is still excessive. What's the logic in jailing a 26 year old who has sex with a 16 year old for 15 years?

The people who should be getting these kind of jail terms are those who defile babies.

defiling babies need castration and life imprisonment if not death

 

[Mongrel]

@Karma_mama unaona, under 18 has consent

conglomerate wacha kusumbua madam

 

[Mongrel]

Sori guys. No offence meant.

But one of my close pals is Peter Ouko. He is the CEO of CrimeSiPoa, which tries to tell youth not to engage in crime. He did over 25 years in Kamiti. He told us recently that in Kenya today the leading cause of incarceration is the SOA. Yaani out of every 10 men being jailed up to six are in because of the SOA. Funnily, most are involved in one or another family dispute especially on land. The other group are young boys who would be exploring their sexuality.

I have said and said again that I don't condone pedophilia. Anybody for example who defile a 5-year old should just be put to death.

But a good law should give latitude for a judge's experience and mitigation especially when dealing with consensual relationships. Prescribing that you must jail one party, even underage boys, with MANDATORY sentences ni upusi.

I have asked a very specific question up here which nobody is answering - where is the justice, fairness, equity or even morality in throwing a 14-year old boy into jail for sleeping with his age mate?

Nimesema na nitasema. Huu ujinga across the board against men is what is turning many of us into beasts. Inafanya tunawaua na tunawachoma. I mean, why leave somebody alive when all they have to do is shout 'rape' and you get life? Si afadhali ufanye kitendo uingie Kamiti kama yule Jamaa wa wrestling?

Let us return to the respectful gender relationships we had, not this western shit meant to destroy our societies. All lives are valuable.

fellow ndeiyan, go slow kwa my bae

 

[Ngimanene na Muchere]

conglomerate wacha kusumbua madam

Mutongoria, ndio kuingia marima. Nangoja Ngima iive. Rehe muhiki gúku karumaindo

 

[Field Marshal Tamas]

That law was crafted by myopic feminists. Itolewe kabisa

 

[Ice_Cube]

 

[The.Black.Templar]

View attachment 34565

There was also a similar story where a highschool student defiled his teacher.....in a room that she had probably paid for herself

 

[Nefertities]

Reading this thread and the comments is enough to explain a lot. Smh

 

[Mwalimu-G]

defiled his teacher

One defiles children below the age of consent.

 

[The.Black.Templar]

One defiles children below the age of consent.

Either way, he was arrested and will be charged for something

 

[upepo]

SENTENCE QUASHED
Class 8 defiler freed from 15 years jail over close age to girl's
Judge says there was likelihood the sexual relationship between the two was consensual.
In Summary

• The victim had testified that she had been Dziwe's girlfriend since April 2019 and referred to him as her husband.
• After delivery a DNA test confirmed Dziwe was the father of the complainant’s child.

IMPUGNED RULING: Magistrate's gavel

Chaniro Dziwe was 19 years old and in Class 8 when he fell love with a classmate aged 16.
The two - who the court learned even considered themselves husband and wife - engaged in sex, resulting in a pregnancy. Little did the young man know that the short-lived escapade would not just scuttle his education and see him jailed but also upend his life completely. Dziwe was arraigned in a magistrate's court and sentenced to 15 years. He appealed at the High court, complaining that the trial magistrate erred in law and fact by not considering that there were contradictions and discrepancies in the prosecution's case.

Among other issues, he alleged that the magistrate failed to consider that the doctor’s evidence did not corroborate the complaint’s testimony. A review of the trial file showed that KK, the victim, had testified that she had been Dziwe's girlfriend since April 2019 and referred to him as her husband. She told the court they went to the same school. An examination by a local clinical officer found her to be expectant and after delivery a DNA test confirmed Dziwe was the father of the complainant’s child. The court said this confirmed that penetration was achieved, a key point in proving defilement. The court then upheld the guilty conviction.

Section 8 (4) of the Sexual Offences Act provides that “a person who commits an offence of defilement with a child between the age of 16 and 18 years is liable upon conviction to imprisonment for a term of not less than 15 years.” “The prosecution adduced evidence that proved its case against the appellant beyond any reasonable doubt,” the judge said in a January 12, decision. But at this point the judge said the case should be handled in a conventional manner and that there must be some discretion to appreciate that there was likelihood the sexual relationship between the two was consensual. The court also said the age gap between the two was small. “This is a case that calls for a different approach other than applying the sentence mechanically. The complainant and the appellant were in the same school and I am persuaded to believe that their age difference was negligible, the appellant having attained the age of majority before the complainant notwithstanding,” the judge said.

“At the time the appellant tendered his defence he said he was 21 years old. He said he was in Class 8 at Mwachanda Primary School. This was not disputed and renders credence to the complainant’s assertion that they were schoolmates. This would mean at the time of the offence he was 19 years old,” the judge added. “From the foregoing, I set aside the sentence imposed by the learned trial magistrate and substitute with a probation order for three years.” The decision in the case adds to the debate among social justice actors who have been calling for review of the Sexual Offences Act to change the approach in handling offences that involve young people whose sexual relationship was consensual.

 

[shocks]

To protect the majority, there has to be an age threshold. There always will be sentiments that support some degree of leniency for those who err at ages close to the cut-off. It means that even if we lowered the female age of consent to 13 yrs, there will always be a 14-year-old boy who will appeal for leniency based on the small age difference. Laws are never perfect. A man who appropriates his neighbor's chicken through violence gets the same treatment as a bank robber who took off with millions.

Thats why statutory minimum sentences are very unfair, as it ties the hand of the judge. We should trust our judges with the power of prescribing a sentence, and seek appeals or JSC redress when some try to misuse the power

 

[Mwalimu-G]

Thats why statutory minimum sentences are very unfair, as it ties the hand of the judge.

It was meant to curb corruption, abuse of powers and uphold the principal of equal punishment for equal crimes. I guess no system is perfect.

 

[shocks]

It was meant to curb corruption, abuse of powers and uphold the principal of equal punishment for equal crimes. I guess no system is perfect.

I don't think there is a way to engineer away entrusting public officers with rensponsibility then holding them accountable. Its the second bit that we fail at

 

[Wegrow]

Even where the age difference is big, the Act is still excessive. What's the logic in jailing a 26 year old who has sex with a 16 year old for 15 years?

The people who should be getting these kind of jail terms are those who defile babies.

Kamzae urienda wapiii