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Kenyans in Diaspora condemn 15 year jail term for woman who had sex with a boy

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News that a 24-year-old woman was on Wednesday jailed by a Kisumu court after she admitted that she had sex a 16-year-old boy, has riled a section of Kenyans in the Diaspora.

Judith Wandera was found guilty of defilement and intentionally performing indecent act on a minor contrary to Sexual Offences Act, on July 5, 2017 at Kicomi area.

READ THE STORY HERE: Kenyan woman slapped with a 15 year jail term for raping a 15 year old boy

The case has generated debate with many Kenyans, including senior lawyers, terming the sentence unfair in the circumstances.

Writing in various Kenyan Diaspora Facebook groups, many are questioning the rationale used at reaching the decision by Chief Magistrate JN Wambilyanga.

Most comments seen by ksnmedia.com appear to suggest that although the two had sex, it was consensual and there was no way for the woman to tell that the “man” was actually a minor.

Maggie Marikah Kwabena of Atlanta wrote: The word rape is being bandied around too loosely here.

John Kariuki wrote: The so called boy was a big man complete with dreadlocks. You would think he was older than the woman. What did you expect her to do? Ask for his ID.

Jacinta Kemunto wrote: Too harsh a sentence. These magistrates are so quick to punish people waliokuwa kwa raha zao yet it takes decades to jail maize smugglers and members of the various cartels. Give us a break.

Babiekk wrote: Who is complaining? The magistrate should look at merits and demerits carefully. Why waste the life of a woman whose only sin is to be seduced?

This was happening as a law firm, Dome and Kedogo Advocates, volunteered to appeal jail sentence pro bono (free of charge).

Wandera, who did not have a lawyer, did not present any witness during the case and instead, sought to prove that she never thought the boy was a minor since they met in a club in the Kondele slums where he offered to buy her alcohol and they started dating.

In her defence, she said looking at his physical appearance, the boy, a thread-locked boda boda rider, did not appear a minor. They had dated for one year before they were arrested on July 17 last year after the boy’s mother lodged a petition. She added he used to smoke bhang.

Ms Wandera, a single-mother of one, did not dispute the affair, a factor the magistrate took into account in sentencing her.

“Both admitted having sex, sometimes protected, sometimes unprotected. According to her, she could not tell how many times they did it,” said Ms Wambilyanga in her ruling.

However, critics have taken issue with the ruling, saying the magistrate failed to take into account provisions in the Sexual Offences Act, which allow for misleading physical appearances to be used as a defence by the accused and instead ruling she should have made effort to determine his age.

She added that the two were arrested twice and on those occasions asked to stop the relationship after the complainant’s mother raised the age-difference issue, but the woman ignored.

“The mother was not happy because the woman was older,” said the magistrate.

In her mitigation, Wandera asked for forgiveness, saying she has a son, a brother and her mother she was taking care of.

“I am the only person taking care of all of them. Please forgive me I will never repeat the offence,” she pleaded to no avail.

Among those who have questioned the ruling are lawyers Kamotho Waiganjo, Nelson Havi and Wahome Thuku. Those who reacted to their various positions challenged them to take up the issue on a pro bono basis.

 

Nelson-Havi Law firm to appeal Judith Wandera's 15-year jail termImplementation of the Sexual Offences Act, which was originated by then Nominated MP Njoki Ndung’u, now Supreme Court Judge, has been problematic as it sets a minimum jail term of 15 years giving little leeway to judges and magistrates to consider other circumstances.

Critics also three parallels with the 2016 ruling by Justice Said Chitembwe, which set free Martin Charo, 24, who had been sentenced to 20 years in prison for having sex with a 13-year-old on the basis that crying was not enough evidence of defilement and that she “enjoyed it.”

Nelson-Havi Law firm to appeal Judith Wandera's 15-year jail term“Where the child behaves like an adult and willingly sneaks into men’s houses for purposes of having sex, the court ought to treat such a child as a grown up who knows what she is doing. She went to the appellant’s place to have sex. She had known the appellant for about three years. She dodged her brothers after going to the beach and sneaked into the appellant’s house,” he argued.

The ruling was awarded the Golden Bludgeon in Spain on Wednesday by Women’s Link Worldwide, beating 18 other cases to emerge the world’s worst ruling for women’s rights in 2016. The State appealed the ruling.

Others have, however, defended Wandera’s jail term, saying defilement of minors, especially, girls has become rampant with many being wooed by money and presents, including sanitary towels.

Business Today has conributed to this report

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Diaspora

EXPLAINED: Everything you need to know about applying for 2021 US Diversity Visa [VIDEO]

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Once again, up to 55,000 foreign nationals and their families from around the world will have a chance to legally immigrate to the United States and achieve the American Dream with a Green Card in hand in 2021, thanks to one of the Diversity Visa lottery Program. Although President Donald Trump is against it, that will not happen unless the law is changed…and the US is a land strictly governed by the rule of law.

The U.S. State Department, which administers the Diversity Immigrant Visa Program, better known as the visa lottery, announced Thursday that it will go ahead with the lottery for 55,000 diversity visas available for Fiscal Year 2021.

In case you missed it The US government announced Thursday that the registration period for DV-2021 will begin on Wednesday, October 2nd, 2019 at 12pm EDT and end on Tuesday, November 5th, 2019 at 12pm EST.

The winners will be drawn from random selection and there is no cost to register.

There is a limited period of time during which you can register for the Diversity Immigrant Visa (DV) Program during each fiscal year. Each year, the Department of State publishes detailed instructions for entering the DV Program. These instructions include the dates of the registration period during which you will be able to enter.

All entries must be submitted electronically on the Electronic Diversity Visa (E-DV) website at www.dvlottery.state.gov during the specified registration period. No late entries or paper entries are accepted. The law allows only one entry by or for each person during each registration period. The Department of State uses sophisticated technology to detect multiple entries. If you submit more than one entry you will be disqualified.

Some changes have been made since the last such Lottery Program. Here is all you need to know:

Detailed guidance for completing the online entry form is included in the DV Instructions.

Please view our video for an introduction to the Diversity Visa program, and step-by-step guidance to help you submit an entry. (Note: minor changes have been made to the DV-2020 entry form, but the instructions provided in the video are still valid.)

After you submit a complete entry, you will see a confirmation screen containing your name and a unique confirmation number. Print this confirmation screen for your records. It is extremely important that you retain your confirmation number. It is the only way you can check the status of your entry, and you will need it to obtain further instructions or schedule an interview for a visa if you are selected.

There is no cost to register for the DV Program. You are strongly encouraged to complete the entry form yourself, without a “Visa Consultant,” “Visa Agent,” or other facilitator who offers to help. If somebody else helps you, you should be present when your entry is prepared so that you can provide the correct answers to the questions and retain the confirmation page and your unique confirmation number.

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Diaspora

Two Kenyan Men in US Charged with Sexually Assaulting a Mentally Challenged Woman

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Two Kenyan men in Minnesota face felony charges after police say they sexually assaulted a woman with mental and physical impairments at the Mystic Lake Casino Hotel in March.

Francis Ndegwa Kamau, 39, of Spring Lake Park was arrested in Minneapolis and booked in the Scott County Jail on Aug. 8 in connection with third-degree felony criminal sexual conduct. Kamau’s arrest came three months after the county attorney filed charges against Kamau and Kenneth Wagacha Kibe, 37, of Burnsville.

According to Prior Lake Police and court records, the warrant for Kibe has not yet been served, and he has not been arrested.

Both men are charged with third-degree criminal sexual conduct for sexual penetration of a person who “is mentally impaired, mentally incapacitated, or physically helpless.” Each charge carries with it a maximum sentence of 15 years in prison, a fine of $30,000 or both.

The county’s criminal complaint states officers found multiple videos of the alleged assault and a text conversation about the victim on the men’s phones.

According to the warrants, police received the report of sexual assault at 10:22 p.m. on March 30. Staff at the casino told officers that a woman had approached casino security to report that she had been assaulted.

The woman has been diagnosed with “mild intellectual disabilities, unspecified congenital anomaly of musculoskeletal system (right hand), seizure disorder, Post-Traumatic Stress Disorder, and depression,” and lives at a group home for people with cognitive and physical disabilities, according to the warrants.

The warrants allege that on the afternoon of March 30, Kamau and Kibe approached the woman while she waited at the casino buffet. The three chatted for a while before casino surveillance video shows them entering a hotel room for more than an hour.

The woman told police that when the group entered the hotel room, both men tried to have sex with her several times even though she told them to stop. During a sexual assault exam at St. Francis Medical Center the woman told a nurse that Kamau had told her he wanted to “give [you] a baby.”

Both Kamau and Kibe were at the casino when police arrived on the scene. During Kibe’s interview with officers, he said he had recorded a portion of the assault without Kamau’s knowledge.

Kamau initially denied being involved in the assault. When officers told him that Kibe had a video of him on top of the woman, he reversed course and said that she was “enticing them” and that they were not “too serious having sex,” police said.

Both men told police that they noticed the woman had a limp but did not realize that she had any cognitive disabilities.

Officers found and photographed “blood or other bodily fluid” and a condom wrapper on the bed sheets of the room.

In documents filed Aug. 9, Kamau said he had hired an attorney to represent him, though no attorney was listed on his case file at press time. His first court appearance is set for Oct. 21.

-SWNEWSMEDIA.COM

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Business

VIDEO: Chairlady of Kenya North America Diaspora Sacco K-NADS visits Mahiga Homes Projects

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Mahiga Homes Company continues to attract the attention of Kenyans living in the US and other countries in around the world following the successful completion of various projects in record time and handing over the keys to the owners.

Recently, the Chairlady of  Kenya North America Diaspora Sacco (K-NADS) Dr. Lucy Ndegwa Mackenzie, paid a courtesy visit to the company’s projects in Ruiru and Kenyatta road  and she expressed her satisfaction with the work they have undertaken so far.

“It is a great project especially because the roads really good,” said Dr Mackenzie.

Rock Gardens Ruiru‘s construction progress is on course. Some units are at foundation while most of them are at walling level and others at roofing level. The estate comprises of 75 luxurious 3 bedroom bungalows.

“As you will see in the video below, she was very impressed by the good work the trusted developer is doing, Said Peter Nyaga,” the Company’s CEO.

The projects currently on sale are:

Rockvilla III Estate in Joska. Deposit Ksh 1.6M

Osoit II Gardens in Kitengela: Deposit Ksh 1.7M.

The Riverfront in Ruiru: Deposit Ksh 2M.

 

K-NADS  currently has of over 1000 members women living in or has returned to Kenya from North America.

For more info Call/WhatsApp +254720460413

or visit www.mahigahomes.co.ke

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