It is very scary to imagine the likes of one Said Chitembwa as the custodians of the rule of law in Kenya. Let me explain to you why.
I will take a completely different tangent to bring some objectivity on this contentious issue. I have only read part of the ruling that saw Martin Charo a 24 year old musician walk scot free for defiling a 14 year old minor who he’d been molesting since age 11, Chitembwa validates the violation of a minor by citing a 3 year relationship the accused 24 had been having with a minor since age 11 and the fact that the minor would often run away from home to go have sex with the said musician. We are all conversant with the concept of grooming that can lead a minor forming a bond with a molester. Now in the ruling Chitembwa noted that the law of defilement doesn’t apply if any minor has voluntarily been having sex with men. Again this goes to show that Mr. Chitembwa has no grasp of the law in spite of being a magistrate and a senior one at that. He does not realize that rulings set precedents and as such the sexual offenses laws concerning consent lays out clear stipulations as to what consent means which is for one to be an adult of sound mind not under influence of any substance. That means that sex with an adult who is under the influence of substances or of unsound mind such as mentally impaired persons or adults with conditions like Downs syndrome or of anybody who has not attained the age of 19 years which is recognized as the age of attainment of adult/legal age is incapable of giving consent and as such anyone of legal adult age who has sex with the above stipulated categories is subject to the penal code in the sexual offenses bill. This is to act as a detterent to any such criminal acts.
Let’s move away from the sensitive and emotive issue of sex. In countries like China and Indonesia among others being found in possession of a controlled or proscribed substance of above x amount is viewed as having an intent to distribute. In other words ukipata na mihadarati ya say 1kg you will be sentenced to death. You ask why such a heavy penalty? Well if you have more than what would be considered as an amount for individual use that means you have intent to distribute.
Now Swali Nyeti ni hili, the drug dealer and the drug addict are both consenting adults so why should government kill the drug peddler when it is a willing buyer, willing seller? When the government knows very well about market forces that if the demand wasn’t there for drugs there would be no drug dealers. Why should a government kill a man or woman who are usually drug mules for supplying what has high demand to the point that even death penalty does not stop drugs from being bought and sold? If you figure out the answer to that then you can understand why Mr. Chitembwa is obligated as a custodian of the law must enforce the law as is not as he thinks it should be as per his Luhya upbringing or whatever the hell his frame of reference is.
I don’t understand why a drug dealer should be killed by the government for supplying an adult with drugs for money. However the society has decided that the ramifications of drug abuse and having sex with persons who are incapable of consent according to the law is far reaching and to safe guard society and to act as a detterent to others of similar minds,an offender must be hanged, killed or go to jail for 11 years, 20 years whatever the society has determined to be commensurate punishment.
So on that high note Chitembwa should be de benched bcz his personal biases interfere with his capacity to enforce the laws of Kenya particularly those in the sexual offenses bill.
Thank you very much, please click like, subscribe and share. And on that high note I leave you with an alternative way to deal with drug menace other than killing drug dealers. Although they deserve death. Look at what they have turned Mexico into.
Are you wiser than the judge?
Age of consent is created by people and incorporated in to law for various reasons and that’s why it varies from one jurisdiction to the other.
Technically, it does not mean that the person lacks the ability to consent. It is an imagination that people have.
Until the law is applied with equal zeal for both genders, we’ll continue applauding such rulings