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Forum => Kenya Discussion => Topic started by: KenyanPlato on December 21, 2021, 05:51:12 PM

Title: What a harsh sentence a high school kid get 7 years
Post by: KenyanPlato on December 21, 2021, 05:51:12 PM
For sleeping with another high school student who is minor. 7 years sentence. This law needs to be looked at. Jailing high school kids because they sleep with each other is unjust. During our days we would have ended in jail. This magistrate is an idiot of the highest level

https://www.standardmedia.co.ke/central/article/2001432425/form-four-candidate-sentenced-to-seven-years-for-defilement
Title: Re: What a harsh sentence a high school kid get 7 years
Post by: Kim Jong-Un's Pajama Pants on December 21, 2021, 06:04:05 PM
For sleeping with another high school student who is minor. 7 years sentence. This law needs to be looked at. Jailing high school kids because they sleep with each other is unjust. During our days we would have ended in jail. This magistrate is an idiot of the highest level

https://www.standardmedia.co.ke/central/article/2001432425/form-four-candidate-sentenced-to-seven-years-for-defilement (https://www.standardmedia.co.ke/central/article/2001432425/form-four-candidate-sentenced-to-seven-years-for-defilement)

Yeah it is.  There should always be an age difference consideration in such cases.  It's even worse when you consider teachers who bang these spring chickens and continue to walk among us.
Title: Re: What a harsh sentence a high school kid get 7 years
Post by: KenyanPlato on December 21, 2021, 06:13:23 PM
I am wondering how the prosecutor and magistrate go through such a case and not see how idiotic this sentence is. The legal system provides for other mechanisms to resolve matters like this. I bet you the girl probably comes from a wealthy family that wants to teach this boy a lesson. In either case this should be appeal. The intention of the law was to protect minors from predators and not punish teenagers
Title: Re: What a harsh sentence a high school kid get 7 years
Post by: Kadudu on December 21, 2021, 06:36:41 PM
Very harsh. Mind you it is not even rape. That means the girl consented. Out of court settlement would have been the way to go.

It reminds me of the then Interior Minister Julius Sunkuli having intercourse with a 14 year old girl in his Harambee House office. He got away with it and even later after loosing elections was the Kenya ambassador to China.

Going by this even some known pretenders to the highest office would be in Kamiti.
Title: Re: What a harsh sentence a high school kid get 7 years
Post by: Georgesoros on December 21, 2021, 06:40:09 PM
this is the wrong way to use the justice system, especially when kids are involved.
Title: Re: What a harsh sentence a high school kid get 7 years
Post by: RV Pundit on December 21, 2021, 07:07:20 PM
Problem he is an adult (while still at school) and the minimum sentence is 7yrs for statutory rape. The question is did he know he is an adult...like does he have national ID? And if not - did the girl look also like over 18yrs?

I wish something could be done especially in Kalenjin land to stem  underage pregnancy.

It almost a culture...like FGM that need serious stumping out.
Title: Re: What a harsh sentence a high school kid get 7 years
Post by: KenyanPlato on December 21, 2021, 08:16:17 PM
Problem he is an adult (while still at school) and the minimum sentence is 7yrs for statutory rape. The question is did he know he is an adult...like does he have national ID? And if not - did the girl look also like over 18yrs?

I wish something could be done especially in Kalenjin land to stem  underage pregnancy.

It almost a culture...like FGM that need serious stumping out.

That is the problem with these copy and pasted laws from the western world. They total ignore some of our realities. I fault the parents of this girl. They went for the most punitive route.

On kalenjin I think women empowerment is what can deal with. Strong women raise strong daughters. A woman is the bedrock of raising the family. The best way would the community to empower women and then find a way to hold men accountable. These matters when taken to courts just muddy the issue and not help resolve it.

For predators where it is clear the relationship is predatory then the law should be applied. This law should be used clear cases of sexual abuse. I know consent is the basis of establishing whether there is abuse.