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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

Kenyan in Atlanta counts blessings as he owns two successful businesses

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Meet Wilson Kimani Wanguhu. He has lived in the US for 22 years where, besides getting an education, he has also learnt the ropes. Just like many who have relocated from Kenya to US, it was not easy at the beginning. When he landed in the US in 1996, he struggled to pay his fees and sustain himself. “I used to flip burgers and later sold petrol at a gas station,” he says.

But now those are distant memories. His entrepreneurial streak has seen him venture into business and he now sells insurance in the Atlanta, Georgia and water in Nakuru, Kenya.

Wanguhu has put up systems that enable him to run businesses in both cities effectively and his story is an example of the impact of remittances from Abroad. He  says having lived in a country where systems function like clock work, setting up shop in Kenya has had its fair share of challenges.

The former CEO of Kim Media Group and publisher of Kenya Empowerment Newspaper is however upbeat and quite happy with what the has achieved so far. He co-owns Ameritrust Insurance Group and has teamed up with his mom and his younger brother, Ezekiel Manyara, as the co-proprietors of Riftdrops Limited, a water bottling Company with its headquarters in Nakuru.

“If you are doing well in Kenya, stay there…,” he advises would-be migrants. He spoke to Alex Chamwada in this week’s episode of  Daring Abroad. Here is his story.

 10420 total views, 3 views today

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Diaspora

VIDEO: Exclusive interview with Miguna Miguna on JKL

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Controversial politician Miguna Miguna’s Wednesday night interview on Citizen TV’s Jeff Koinange Live show was a tough one to put it mildly; and arguably a nightmare for a fainthearted journalist.

While some viewers enjoyed the show and were electrified by Miguna’s apparent bravado in the interview, others were dissatisfied and have accused the self-declared NRM general of being dramatic and evasive in his responses.

Miguna, however, disagrees that he failed to answer any questions.

“A polite reminder to some confused Kenyans: Saying “no” to a question is also an answer. If you believe a question is malicious, just say so. You will not die,” tweeted Miguna after being interviewed from Toronto, Canada.

The 21-minute Skype interview kicked off on a high with the interviewee scolding the host and dictating the topic the interview should focus on.

“Miguna, your lawyer Cliff Ombeta received a letter on your nomination by Governor Mike Sonko as deputy governor. Have you received that letter?” Koinange fired the first question only for Miguna to rebuff it.

“Jeff I am not here to talk about Cliff Ombeta or Governor Sonko. I am here to talk about how my rights have been violated by the regime in Nairobi,” replied Miguna.

Miguna would still not clearly answer the second question on whether he would return to the country. He instead embarked on a chronological recount of what transpired before he was forcefully ejected from the country.

When Koinange asked the third question – What are you doing to have yourself back to Kenya? – Miguna seized the moment to criticise the Kenyan media for what he termed as “glorification of tyranny” and blaming State agencies for his woes.

A back-and-forth would then ensue as Miguna insisted that he is a Kenyan citizen and had never lost his citizenship as claimed by the State.

When the lionhearted Koinange sought to stick out the grounds under which the State says Miguna lost his citizenship, the fiery lawyer dropped his gloves and took on the host bare knuckles.

“The problem with you is that you never went to law school, you’re not a judge or a lawyer,” Miguna fired. “Don’t interfere with me. Let me speak,” added Miguna as Koinange tried to interject.

Drama continued with Miguna embarking on a lengthy explanation of why the government does not want him in the country.

When Koinange sought to bring his mighty show to order, Miguna was not ready to be reduced to the ordinary calm interviewee.

“Jeff don’t argue with me let me answer. You are a journalist if you ask a question let me answer. You are suggesting that I help them win a case I already won in court. Is that rational?” Miguna posed when asked why he had declined to reapply for Kenyan citizenship as directed by the government.

Asked who are members of his self-styled National Resistance Movement (NRM), Miguna’s response was a bitter pill to swallow.

“Why do you want to know and you are not an NRM member. You have not asked who Jubilee members are,” said Miguna.

Koinange moved on to the next question: “If you were to come back, could you think about working with Sonko?”

“Jeff I will make announcements as to who I work with or who I don’t when I am back or when I would like to do that. Today that was not the purpose of this interview,” replied Miguna.

“But everyone wants to know,” pleaded Koinange.

Miguna responded: “ Everyone includes me. I don’t want to know what you are asking because it is not a question that Sonko or other people have asked me.”

Seemingly fed up with Miguna, Koinange asked the former Nairobi gubernatorial aspirant why he was not willing to talk about the Capital’s affairs. Miguna replied: “Jeff I will talk about Nairobi when I deem it fit. Not on compulsion from you.”

At the tail end of the interview, a light moment ensued as the take-no-prisoners Miguna finally cracked a smile saying: “Jeff I am a tough cookie, you can’t push me around.”

The interview came to an end on a near similar note as it began.

“Miguna you being outside the country means nothing because you are in the outside looking in. Don’t you think you should be in the inside,” asked Koinange.

“Jeff the problem with you is that you don’t know history,” Miguna fired as he explained how Fidel Castro and other political icons were and later returned to victory.

In the words of Jeff Koinange, “Wow, what a show, what a guest!”

REACTION:

-Citizen

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Diaspora

Kenyan man, Bob Maina Kirigwi, passes away in Atlanta

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The late Bob Maina Kirigwi. PHOTO/COURTESY

Death has occurred of Bob Maina Kirigwi of Marietta, Georgia. He was husband to Catherine Maina, father to Rufus Maina, Mathew Maina and Virginia all of Nairobi Kenya. Brother to Eunice Ngige (Mama Stella of Kennesaw District), nephew to Mercy Mbatia of Marietta and Crescent Mbatia formerly of Kennesaw, Georgia.

Upon learning of his death, friends and co-workers sent messages of condolence to the family. Ben DB Aguilera, a former colleague of the deceased wrote the following:

“My co worker, great friend, and father figure Bob Kirigwi passed away last night after a hard fought battle…I will NEVER forgot all of the wisdom he bestowed upon me, all the life lessons and of course the crazy out of this world stories he had from back in his native land of Kenya…if there is one thing I know everybody that knew him will remember him by, is the incredible amount of hard work and sacrifices he made to allow his family to live a happy life full of everything they needed and wanted. You will NEVER be forgotten Rafiki, R.I.P. ”

Following Kirigwi’s demise, prayer meetings are being held daily at Mr. Samuel Kagua’s residence from 7pm.
Address:
3520 English Oaks Dr.
Kennesaw GA 30144

Contacts:
Eunice Ngige 6786973544
Mathew Maina
4047070843
Samuel Kagua
6785585675
Kanyari
4043536317
Ruth Ngotho
4045328657
Christine Muchene
6788878256
Let us support this family with prayers and financially to enable them send Bob’s remains to his resting place in Kenya.

The Lord gave and the Lord has taken. May His Name be praised.

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