Idiots who publicly stripped woman in 2014 sentenced to death

[Georgesoros]

So the also robbed her. Thats where the death sentence comes in.
I wish they can do the same for Ann Waigurus

The death penalty is for robbery with violence which is a capital offence in Kenya. They got 25 for the sexual assault.

That said, I feel NOTHING for these barbarians. They stripped a woman in public and proceeded to do unspeakable things to her genitals in full view of the public and a video camera. Honestly reminded me of the pogroms that jews were made to suffer before the "final solution" for them was discovered. What happened to that lady was more than even rape. Things like gang rape and rape of small children and this kind of attempt to utterly dehumanize someone like what they did to her ought to receive the WORST punishment a society can mete out, on par with murder.

[Omollo]

[vooke]

Much as I have no problem with the sentence given the heinous act,I think robbery was circumstantial and the courts harped on it to assuage public wrath.

Capone went down for relatively petty crime/offense not organized crime

[Omollo]

The question of reasonable and proportionate force was not well considered.

He argued successfully that he was acting in what he thought was self-defence and then that he thought he killed a wild animal, that he thought he was in danger. What danger do you think these thugs believed they were facing from the girl? Or perhaps it was so dark they thought she was a goat?????

[Kim Jong-Un's Pajama Pants]

Omollo, Pundit,

When I say she has to say yes, I don't mean it has to be a literal yes.  Consent is something that can be demonstrated in many ways.  But a definite no is usually not ambiguous.  I haven't seen the video, but I doubt the lady wanted it.

You're right Termie,
There was this Meru MP who was sued for rape by his acquaintance. She claimed that before rape she was subjected to a forced HIV test. Looking at it, the circumstances suggested otherwise. Him, her, 2AM in his office bla bla

Yep.  Though some people push it to a point where the line between consent and helplessly giving up is too thin. 

I think when one party exercises disproportionate power, it could still be rape even if she agreed.  This MP could have kept her in the office until it was too late for her to safely leave by herself.

[Kadame5]

I don't think 3 people can act just like dogs - they were some provocation - obviously from girl - maybe she was prostitute or something - maybe they were all drunks  -maybe they were acting on group physiology - whatever they did deserve severe punishment but not death sentence. They have already suffered 3 yrs in prison. I am sure they deeply regret this now. I'd would have given them 5yrs - which is enough time to get the .arse ripped apart in prison. Prison is no picnic.

He argued successfully that he was acting in what he thought was self-defence and then that he thought he killed a wild animal, that he thought he was in danger. What danger do you think these thugs believed they were facing from the girl? Or perhaps it was so dark they thought she was a goat?????

There was no provocation, please dont blame the victim. They disliked her dressing and tried to papasa her behind and she objected then they pounced like dogs. Rejection is NOT provocation.

I'm sure you are often 'provoked' by men and women in your day to day life: is your normal reaction to pounce and attempt gang rape? Guys please stop trying to normalize barbarism. Please!!!!!

[Nefertiti]

Kadame,

Kenya's Sexual Offences Act is irrational especially it's feminized application. It's probably the harshest in Sub Sahara. Most of the barbaric acts women are doing to men pass with impunity or are not even viewed as sexual assault. How many stories do you read of women raping men - how many headlines do you read of women jailed for 25 years? The clause on punishment for false evidence was also deleted which makes it worse.

Please separate the law from the current case which I think is appropriately handled, at least the sexual assault part, I don't know aboutthe robbery.

[Omollo]

Much as I have no problem with the sentence given the heinous act,I think robbery was circumstantial and the courts harped on it to assuage public wrath.

Exactly!

My beef is that the criteria for robbery is so low as to allow anything in. Like Pundit says, the law needs a total overhaul and judges must stop reacting to hysteria.

There is a a need to reform our prisons to make them less of what they are today and transform them in to rehabilitation institutions. The idea of one being on death row for 40 or more years is hard to comprehend. Thus since there is no will to carry out mass executions as would be the case if the warrants that left Moi's desk to Kibaki's and now on Uhuru's were signed - even by mistake! ( I heard of a Chinese Emperor who confused the list of his new government with the list of Death convicts!)

[vooke]

Omollo, Pundit,

When I say she has to say yes, I don't mean it has to be a literal yes.  Consent is something that can be demonstrated in many ways.  But a definite no is usually not ambiguous.  I haven't seen the video, but I doubt the lady wanted it.

You're right Termie,
There was this Meru MP who was sued for rape by his acquaintance. She claimed that before rape she was subjected to a forced HIV test. Looking at it, the circumstances suggested otherwise. Him, her, 2AM in his office bla bla

Yep.  Though some people push it to a point where the line between consent and helplessly giving up is too thin. 

I think when one party exercises disproportionate power, it could still be rape even if she agreed.  This MP could have kept her in the office until it was too late for her to safely leave by herself.

I meant while I understand the issue of consent being verbal or otherwise, that particular case is far less clear than this one.

http://www.nation.co.ke/news/Rape-claim-woman-hits-back-at-liar-MP/1056-2664768-3j58jm/index.html

[Nefertiti]

To be fair, she got the same sentence as the other perps, including the men who killed the guy. She did 25 in prison. I was disgusted that someone felt she was a good spokesman for women in the women march against Trump.

Is she in the sex offenders register? Did she serve the 25 years?  A male sex offender would not get such a pass.

[Nefertiti]

Given that I don't know about the Nyeri madness, that might explain my silence.  That said, I have seen a story of a man being gang raped in Zimbabwe.  I thought that was funny.  Just keeping it honest.

That's the definition of barbarism - you can look it up

Not to worry, many people are afflicted. There are other human maladies - tribalism, racism, cannibalism, etc.

[Kadame5]

Much as I have no problem with the sentence given the heinous act,I think robbery was circumstantial and the courts harped on it to assuage public wrath.

Capone went down for relatively petty crime/offense not organized crime

Thats exactly what happened.

I am sure if it was ordinary assault the court would have behaved differently. They have a lot of leeway in part due to the blurry lines distinguishing robbery from robbery with violence. It is a very slipery and unclear definition. One court can find a case to be mere robbery where another finds it to be robbery with violence. That's because robbery is inherently violent: that is what separates it from theft. Robbery hapoens "kwa uso" ie unyang'anyi meaning there is always an implied threat of violence for their is no reason anyone would just let you take their property unless he feared for his life or limb.

But their behaviour did not incline the judge to mercy like I said, do he let the charges with the most serious punishments that could fit the facts stick. Since no one can argue there was no robbery or that it lacked threat of grievous bodily harm, he slapped that on them out of outrage for what they did to her.

[Omollo]

Woman who tricked friend into sex with 'fake penis' is jailed  https://t.co/zGxCKdaW1p pic.twitter.com/pQqlbnSscQ

— The Mirror (@DailyMirror) July 20, 2017

[Kadame5]

To be fair, she got the same sentence as the other perps, including the men who killed the guy. She did 25 in prison. I was disgusted that someone felt she was a good spokesman for women in the women march against Trump.

Is she in the sex offenders register? Did she serve the 25 years?  A male sex offender would not get such a pass.

She served the full 25 years and she did not actively torturw the man. She was part of the "audience", witnessed it happen for two weeks, paid to watch the rapes in fact and watch the guy when he wasnt being tortured and she did not report it. I just think you have to be one cold individual to do that and was disgusted that she is now held up as an invited speaker for women. She should not speak anywhere ever. Hiyo tu.

I dont know if she is a registered sex offender, like I said, her role was more "passive" in the affair. There was a much mote brutal lady who led the tortures down to squeezing the man's testicals with pliers and inserting rods into his anus. She died while serving her sentence though so I dont know if she would have been registered as such herself. People like that should not be registered as mere sex offenders but as dangerous psychopaths in my view. Really special, they are.

[Kadame5]

Kadame,

Kenya's Sexual Offences Act is irrational especially it's feminized application. It's probably the harshest in Sub Sahara. Most of the barbaric acts women are doing to men pass with impunity or are not even viewed as sexual assault. How many stories do you read of women raping men - how many headlines do you read of women jailed for 25 years? The clause on punishment for false evidence was also deleted which makes it worse.

Please separate the law from the current case which I think is appropriately handled, at least the sexual assault part, I don't know aboutthe robbery.

You are arguing it is discriminatory. This is not the same as irrational. The cure to discrimination is ammend the law to apply equally, to catch those who are out of the net. Its not to complain about those bad seeds who are already caught. I want a caught bully punished. I dont want to go easy on one bully just because another gets away with it.

I completey disagree with you on the false charges clause. The men MPs were arguing that if evidence was not found that the complainant should be charged. How in God's name is that reasonable? You might as well just tell any attacked woman that unless she has first hired a CSI to prove beyond doubt she was attacked, may she never dare report it to the police or she'll be victimized twice by being jailed for daring to report. How on earth is that fair? And to which other crime does that apply, EVER? Why only rape?

It's the police's job to investigate and collect evidence. You cannot have a law that places that solely and specially on a rape victim's shoulders. There are already laws in place for trying to frame people for ANY crime, not just rape or for lying to the police about an investigation/crime. Obstruction of justice comes to mind. That is enough.

[Kim Jong-Un's Pajama Pants]

Given that I don't know about the Nyeri madness, that might explain my silence.  That said, I have seen a story of a man being gang raped in Zimbabwe.  I thought that was funny.  Just keeping it honest.

That's the definition of barbarism - you can look it up

Not to worry, many people are afflicted. There are other human maladies - tribalism, racism, cannibalism, etc.

I certainly think my views are a bit influenced by the primal.  The idea that a healthy guy with normal hormones can be raped is tragicomedy.

[veritas]

The death penalty was appropriate.

When the smoke dies and time passes it's unlikely these chaps will actually face the gallows.

Kenya has commuted the death sentences of all 2,747 prisoners on the nation's death row

https://deathpenaltyinfo.org/node/6590

The question is whether this was an election tactic to win over Women/Activists etc. votes. Uhuruto don't exactly have a good standing with Women/Activists voters.

[Kichwa]

I personally take sexual assault very seriously but I do not think it is death penalty material, unless it causes death or very serious bodily injuries.  I do not think death penalty is a deterrent for most crimes but I believe that in certain cases its the only proportional way to express societal outrage.  I therefore think it should be preserved for very special cases.  In the same vein,  I know in China and some other few  countries, corruption is punished with death penalty.  While I abhor corruption, I think capital punishment is over the top for corruption.

I haven't seen the video.  But I lean on severe punishment including castration and stuffing genitalia in the mouth before beheading, for sexual offenses.  If the person says no, it means no, even if you are still free to work other legitimate ways to get them to change their mind.

Thank you! There is a tendency to trivialize sexual assault among a lot of guys, I don't get it. Just imagine its a bunch of guys doing this to a guy you know, stripping him naked and doing stuff to his private bits in public including inserting things while he screams and begs to be left alone, video taping it and sharing it. Mercy here belongs with the victim. This to me was beyond even rape which is bad enough. Its closer to torture. No sympathy for those guys. I felt the same about the American woman who participated in the torture of a man though not his killing and now mascarades as a feminist activist. It takes a special kind of person to do that kind of thing.

[vooke]

Kadame and Robina,

Daudi Were of Ushahidi was recently suspended for sexual harassment. Read this brace lady's account of her attempt to get justice
https://medium.com/@AngieWan/dont-raise-your-voice-here-5910b821a2f0

Found it relevant to this thread

[Globalcitizen12]

I think this a case in githurai not the one in downtown Nairobi. These guys robbed the woman and sexually assaulted her. Most like these are members of the outlawed mungiki. The video was filmed by someone who saw the attack.
I think the law says a robbery by two people is regarded as robbery with violence. Either way these guys will end up serving over 30 years in jail. They deserve this sentence.