Connect with us

Diaspora

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

Published

on

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

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Diaspora

Death Announcement: Leon Ong’ara of St Louis, Missouri

Published

on

It is with deep sorrow that we inform you of the passing of Mr. Leon Ong’ara of Saint Louis, Missouri.

Nephew to Agnes Thaiya (Shiro) of St. Louis and Caroline Njeri of Kansas City, Missouri. Leon was 25yrs old and in his final year at Lindenwood University in St. Charles Missouri.

Kindly Let us all join the family for prayers and continue with our financial assistance.

There will be a Memorial Service and a fundraiser on Saturday, February 29 from 1.00 to 3:00 pm at the Archway Memorial Chapel, Hazelwood, MO.

The expenses are at $15,148.

It is our hope that we can raise the funds before Saturday so that we have an opportunity to celebrate Leon’s life that day. Leon’s body accompanied by Shiro and Njeri will leave for Kenya at a later date.

The Saint Louis Kenyan community is requesting for support.

For more information please contact:
Pst.Samuel:  636-219-1101
Pst.Michael Mwangi: 314-398-7040
Agnes Thaiya(CashApp Shiro): 816-694-9097
Zellipah Githui: 314-378-6452 – CashApp

Continue Reading

Diaspora

US embassies start denying visas to people they believe will be a “burden” to taxpayers if allowed into the country

Published

on

The U.S. Department of Homeland Security today implemented the Inadmissibility on Public Charge Grounds final rule. Under the final rule, DHS will look at the factors required under the law by Congress, like an alien’s age, health, family status, assets, resources, and financial status, education and skills, among others, in order to determine whether the alien is likely at any time to become a public charge. The rule now applies nationwide, including in Illinois.

Self-sufficiency is a long-standing principle of immigration law. Since the 1800s, inadmissibility based on public charge has been a part of immigration law. Since 1996, federal laws have stated that aliens seeking to come to or remain in the United States, temporarily or permanently, must be self-sufficient and rely on their own capabilities and the resources of family, friends, and private organizations instead of public benefits.

“President Trump continues to deliver on his promise to the American people to enforce our nation’s immigration laws. After several judicial victories, DHS will finally begin implementing the Inadmissibility on Public Charge Grounds final rule,” said Ken Cuccinelli, the acting deputy secretary of the Department of Homeland Security. “This rule enforces longstanding law requiring aliens to be self-sufficient, reaffirming the American ideals of hard work, perseverance and determination. It also offers clarity and expectations to aliens considering a life in the United States and will help protect our public benefit programs.”

The final rule defines “public charge” as an alien who has received one or more public benefits (as defined in the rule) for more than 12 months, in total, within any 36-month period.

The final rule defines “public benefits” to include any cash benefits for income maintenance, Supplemental Security Income, Temporary Assistance to Needy Families, Supplemental Nutrition Assistance Program, most forms of Medicaid and certain housing programs.

Applicants for adjustment of status who are subject to the final rule must show that they are not likely at any time to become a public charge by submitting a Form I-944, Declaration of Self-Sufficiency, when they file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether an alien is inadmissible on the public charge grounds, USCIS will not consider, and applicants and petitioners do not need to report, the application for, certification or approval to receive, or receipt of certain previously excluded non-cash public benefits (such as SNAP, most forms of Medicaid, and public housing) before Feb. 24, 2020. Similarly, USCIS will not consider as a heavily weighted negative factor receipt of previously included public benefits (such as SSI and TANF) before Feb. 24, 2020, in a public charge inadmissibility determination.

The final rule requires most aliens seeking to extend their nonimmigrant stay or change their nonimmigrant status to show that, since obtaining the nonimmigrant status they seek to extend or change, they have not received public benefits (as defined in the final rule) for more than 12 months, in total, within any 36-month period beginning Oct. 15, 2019. Due to litigation-related delays in the final rule’s implementation, DHS is applying this requirement as though it refers to Feb. 24, 2020 rather than Oct. 15, 2019. Therefore, with respect to applying the public benefits condition to applications and petitions for extension of nonimmigrant stay and change of nonimmigrant status, DHS will not consider, and applicants and petitioners need not report an alien’s receipt of any public benefits before Feb. 24, 2020.

Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the Final Rule.

After today, USCIS will reject prior editions of affected forms, including in Illinois where the rule remained enjoined until Feb. 21, 2020, when the U.S. Supreme Court granted a stay of the statewide injunction. If USCIS receives an application or petition for immigration benefits using prior editions of the forms postmarked on or after Feb. 24, 2020, then USCIS will inform the applicant or petitioner of the need to submit a new application or petition using the correct forms. For applications and petitions that are sent by commercial courier (such as UPS, FedEx and DHL), the postmark date is the date reflected on the courier receipt.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis) and LinkedIn (/uscis).

Continue Reading

Diaspora

Joy in the Diaspora as Matiang’i extends e-passport deadline

Published

on

Kenyans in the Diaspora have taken to social media to thank the Ministry of Interior and Coordination of National Government for extending the deadline for the migration to the new generation chip-enabled passports.

In a statement released on Monday, February 24, the ministry headed by Dr Fred Matiang’i announced that it had extended the deadline by 12 months and set March 1, 2021 as the new compliance date.

“The government is progressively phasing out the old, ordinary passports as part of Kenya’s commitment to migrate to the new passports with ICAO specifications,” said Matiang’i.

“However, we note with concern that 1.8 million Kenyans, mostly in the diaspora, are yet to replace their old passports with the East African Community biometrics e-passports,” he added

“Due to this, the government hereby extends the deadline for voiding the current dark blue machine-readable passport by 12 months. As such, its holders may continue using it until March 1, 2021, when it will no longer be valid for traveling,” the Ministry statement read in part.

The statement further noted that the Ministry  had set up six other centers in the diaspora, with three in Europe (Berlin, Paris, and London) and one in the US (Washington DC).

The government has also set up a center in Johannesburg, South Africa and Dubai to facilitate the new passport measures.

“Thank you Matiang’i, Wrote John Njoroge.

“Ungekuwa karibu ningekubuiya kiruru,” tweeted Joe Karis.

Wambuijoan wrote: “That is why I love Jubilee Government. Inatupeaga deadline halafu inaongeza, Hata uchaguzi wa 2017 tulifanya twice.”

Before Monday’s announcement, long queues were being witnessed at various embassies, High Commissions and consulates as Kenyans in the Diaspora sought to beat the earlier deadline

The ministry also  announced that in an effort to rationalize the issuance of the e-passports, it has set up and operationalized four passport control centers across the country.

The four centers, they announced, were located in Nakuru, Kisii, Eldoret, and Embu.

Image
People queue for passports outside the Nyayo House headquarters in Nairobi.
People queue for passports outside the Nyayo House headquarters in Nairobi.

Mr Matiang’i called upon all those who were yet to convert their old passports as earlier urged to take advantage of the new extensions to fulfill the requirements.

“Considering this is the second extension, the 1.8 million Kenyans still holding the dark blue passport are urged to take full advantage of the period to acquire the EAC-format electronic passports as early as possible.

“They should do this to avoid a last-minute rush, unnecessary jam-ups at the centers and traveling inconveniences,” the statement reads.

Matiang’i also  announced thathe government will ensure that  same-day issuance of passports became a reality by July 1, 2020.

Here is the full statement:

Press Statement Final Extension for Traveling on Machine Readable Passport

Press Statement Final Extension for Traveling on Machine Readable Passport

 

So what is an e-passport?

An e-Passport contains an electronic chip. The chip holds the same information that is printed on the passport’s data page: the holder’s name, date of birth, and other biographic information. An e-Passport also contains a biometric identifier.

For instance, the United States requires that the chip contain a digital photograph of the holder.

U.S. e-Passport Requirements

The United States requires that travelers entering the United States under the Visa Waiver Program have an e-Passport if their passport was issued on or after October 26, 2006. Additional information on VWP e-Passport requirements.

All e-Passports issued by Visa Waiver Program (VWP) countries and the United States have security features to prevent the unauthorized reading or “skimming” of data stored on the e-Passport chip.

The inspection process for an e-Passport holder is the same as that for a non-e-Passport holder. When arriving at U.S. ports of entry, e-Passport holders will be directed by signage or personnel on the appropriate U.S. Customs and Border Protection booth to use.

Benefits of an e-Passport

E-Passports help to

  • securely identify the traveler,
  • provide protection against identity theft,
  • protect privacy and
  • make it difficult to alter a document for use in gaining admission to the United States.

The biographic and biometric data contained in the electronic chip can be compared to both the traveler and the travel document being presented. There are multiple layers of security in the e-Passport process that prevent duplication.

International Cooperation

The United States and its VWP partners have worked together through extensive testing to identify a technology solution to support the production of e-Passports and e-Passport readers. Successful testing in the United States and overseas has been an important step forward in a larger, comprehensive effort to enhance security and facilitate legitimate travel and trade through international cooperation.

Continue Reading


poapay3

Like us on Facebook, stay informed

NEWS TRENDING RIGHT NOW

2019 Calendar

May 2018
M T W T F S S
« Apr   Jun »
 123456
78910111213
14151617181920
21222324252627
28293031  
satellite-communication1.jpg

Trending

error: Content is protected !!