Government should drop defilement charges on minors engaging in consensual sex, court rules

[ATTACH=full]125731[/ATTACH] Nimesoma a high court ruling that freed a 17 year old boy remanded for having kigongi sessions with his teenage girlfriend. The court went further and awarded the boy sh200,000 for being held in an adult remand facility. In her ruling Justice Hellen Omondi said the State had discriminated against the boy, named POO, based on his sex. This is a big win for the boy child across the country as it sets a good precedence unless the ruling is challenged in a court of higher jurisdiction.
The judge noted that the boy was charged alone whereas under the Sexual Offences Act, he could not consent to sex on account of his age and so he too was a victim of defilement.

The judge said both the boy and the girl should have been charged with defiling each other. Hehe this lady is a realist, fuck this feminist.


it had always been a problem and i am happy someone finally used their brain. to assume only the male of the species can initiate sexual dalliances is nonsensical.


That judge should be given a piece of @Thagicu.

Solomonic wisdom right there.

I have also proposed to my MP/cousin, Jonah, to move a bill in Parliament for statutory rape jail terms to follow an ‘algorithim’ - the difference in ages.

As in, if a 22-year old ‘rapes’ a 17-year old, the jail sentence should be their difference in age, just 5 years which means out in three with good behaviour. This will remove the stupidity where a 19-y.old is jailed for 15 years for ‘raping’ his 17-y.old galfren. Total BS.

Downside: At 66, if I ‘raped’ a 16-y.old Maasai dirty titties, I would then go in for 50 years, basically a life sentence…let me think again.


I like the reasoning of the judge. They defiled each other, and what they need is counselling, not punishment.


If the ruling was done by a male judge we would have alot of bashing from the feminist, this learned judge has enough sense to see the obvious flaw in this misjustice against the boy child


This judge should replace yule mkora on the Supreme Court.

Incidentally, Ojwang is way, way senior than the mkora CJ. His judgement carried more weight.


Watu wataenda kutafuta potion ya kuwafanya wakuwe watoi.
Sijataja mtu


Both of them were under age, It beats logic opting to jail the boy.


@Mzee mzima put the rosary down , your prayers have been answered.


This things are a deterrent so minors dont have sex and the boy is culpable and most likely to have pressurized the girl into sex. at that age boys are very sexually aggressive. Now with this ruling minors will go on rampage defiling one another. I mean this is victim blaming. Ive heard of even gang rapes in boys school like Maseno and Upper Hill ,why not in girls schools? This is a dangerous precedent this misguided woman has set

Justice served, double standards iangamizwe

Aren’t you rushing to judge without concrete data? I was initiated into sex by two teenage classmates. For you to conclude the boy pressured is bull…,after all the good judge found the sex was consensual.


A minor can not give consent under the law, even if they initiate it,its considered defilement or carnal knowledge not even rape because these are minors

And I know that perfectly well. My issue is where the minors break the law by mutual consent.


They cant give mutual consent because theyve got no right to give consent. If one was the adult then they would have fiduciary responsibility if theyre both minors the boy takes responsibility

Wahattamidgetmomo gotta do with this?

cite the law?


Hoooolllldd Up !
Where in our Kenyan law does it state the boy bears responsibility in the case where both parties are underage ?
However I do agree that both parties cannot give consent as they are not of majority age.
…so basically they raped each other and the girl cried wolf & played the feminist card ??

I have decided not to answer the bipolar ‘bitch’. Yaani somebody is too stupid they can’t see that when two 16-year olds have consensual sex none should go to jail?


There is a reason why a man can only win an argument with a woman in court where it is structured with laid down procedures. out here she will pull out innuendos and assumptions from her ass and even throw in gender issues and the bible in so many words to push her point which is just hearsay and her own wishes that can’t be backed up in a court of law.