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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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Business

Inside Jeremy Damaris’ KDM state-of-the-art studio in US after purchasing a building

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BY BMJ MURIITHI

Barely five years after immigrating to the United Sates, Kenyan Diaspora media personality Jeremy Damaris has done what many of his peers can only dream of.

His media house, Kenya Diaspora Media – USA (formally Kikuyu Diaspora Media) has established a spectacular state-of-the-art studio after recently paying cash for a building in Birmingham, Alabama.

Since the news broke, well-wishers have been congratulating the entrepreneur who, besides being a radio and tv host, also doubles up as a musician and a professional Master of Ceremonies (MC).

However, the humble man from a village in Kiambu attributes the major achievement to God’s grace.

“I thank everyone who has contributed in one way or another to this immense success. God indeed can move mountains,” says Jeremy, adding that without the goodwill of his fans and well-wishers, this would only have been a pipedream.

Together with his wife Sally, Jeremy immigrated to the USA in 2015 where he established the then Kikuyu Diaspora Radio from scratch.

The station grew exponentially, becoming Kikuyu Diaspora media  and later  re-branding to Kenya Diaspora Media -USA.

“We are now broadcasting in different languages and reaching all manner of Kenyan demographics around the world,” he recently told Kenya Satellite News Network.

Learn more about Jeremy Damaris by watching the following video which is in Gīkūyū language:

Besides disseminating news and events of the day, Damaris, through KDM, has been known to reach out to persons or families in dire straits and bringing their plight’s attention to his audience.

His Youtube channel has been growing fast. Las year, he was awarded the coveted graphite Youtube Creators plaque after his channel reached 100,000 subscribers. His studio, as you can see in the photo below, is equipped to handle all manner of audiovisual content, ready for instant broadcast through various platforms.

“KENYA DIASPORA MEDIA USA has bought its building in cash. Its now Official!!, ” posted Jeremy.

“Glory to God for our new office in United States. FAITH MOVES MOUNTAINS! Thanks to everyone who participated to make this happen.#NoDebt!! #KDMFAMILYTEAM!!! #Mahigahomes #NeemaShelters #Amgrealtors #EdenparkcountryGardens #OptivenLtd #AttorneyWanjohi #GiokoTaxes #Maridadymotors and all #WELLWISHERS,” he added.

“The word compassion may have been created just to describe this true son of Africa as he has many times gone out of his way expressing the same while benevolently responding positively to praiseworthy cases many don’t pay attention to and watch without doing anything to help mankind,” says Dr Isaac Kinungi of Kenyan Parents in the USA organisation.

Others have described him as a philanthropist on a journey of inspiring and a fulfilling the dreams that brought him to America, while connecting the dots and networking with those that share common values and unity of purpose, to bring about change to humanity and society at large.

 

Kenya Satellite News Media congratulates Jeremy Damaris and KDM (USA) for the latest achievement.


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Diaspora

Death Announcement: Nathaniel Wang’ombe Magu Of Anna, Texas

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It is with great sadness that we  announce the sudden death of Nathaniel Wang’ombe Magu (Mutitu)  of Anna TX which occurred on Tuesday November 17th 2020.

Mr Magu had worked for TDCJ Estelle Unit in Huntsville Texas before joining Vynera Transportation Company where he worked till his demise.

He is the son to Hannah Njoki of Ng’arua Nyahururu and Late Peter Magu.

Loving husband to Jane Kinga of (Anna Texas). Dad to Millicent Muthoni (Milly) of Collins College, Peter Wang’ombe of Anna Middle school  & John Wang’ombe of Sue Rattan Elementary.

 

Brother to Late Ruth Wandia, Rueben Mwangi, Solomon Kinyua, Simon Ndungu, Mercy Wangui, Jane Wambui, Joyce Wanjiru Esther Nyaruai.


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VIDEO: Kenyan Lyft driver in US verbally assaulted by passenger who also pees in his car

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Churchill show comedian David Kangogo popularly known as David the Student was racially abused in the US, in an incident that was reported by the US media.

The artist relocated to the US a few years ago where he has been working as a cab driver. In a video that was posted online on Friday, November 20, David faced off with a wild passenger who racially attacked him.

David disclosed that he picked a couple outside a sports grill and asked them to put on their face masks to curb the spread of Covid-19.

However, the man took off his mask upon boarding the taxi. David’s again urged the passenger to have his face mask on which caused the passenger to become rowdy.

a
David the Student performing at a past Churchill Show event
FILE

The former comedian pulled up the car to handle the issue but the passenger insisted on alighting and even threatened to pee inside the car.

“For me, all I thought about was recording the incident. I was scared that we would punch me or get aggressive,” David said later in an interview with KOMO News.

The video went viral and the passenger was banned from using the cab by the agency, Lyft.

KOMO News also reported that the passenger has been fired from his place of employment.

Local area police stated that they were aware of the incident but could not take action unless the comedian files a suit.

However, David said that he was not interested in initiating a legal process and that all he wanted was to move on.

“Thank you guys for the support. The cab agency has been supportive like the Mayor of the City too. We all can do and be better!” he tweeted.

In June 2020, Kenyans and the whole world joined hands in condemning an incident where an African American, George Floyd, died in the hands of police officers during an arrest.

Floyd was pinned to the ground on his neck by the law enforcers who were accused of strangling him.

Watch David the Student’s interview/Courtesy 

 

-Kenyans.co.ke


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