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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

I learnt Swahili in College for one year, was once stuck in Nairobi’s Ambassador Hotel for a week – CNN’s Anderson Cooper

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CNN’s Anderson Cooper speaks with comedian Elsa Majimbo, who’s funny videos about quarantine life have reached viewers beyond her country of Kenya. Watch “Full Circle” every Monday, Tuesday and Friday at 6p E.T.

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Diaspora

The 5 things you need to know about H-1B work visa

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BY BOB MWITI

Those very keen on relocating to US on a work visa, or those that are already here in the US on student visa, probably know a thing or two about H1B-visa, but there is quite a very good number of people who do not know anything about this visa that could allow one to live and work here in the US if you meet certain eligibility requirements.

After I graduated from college here in the US, I was able to get a H1B visa before finally becoming a permanent resident. So when I talk about H1B visa, I talk as someone who has gone through the whole process. It can be a bumpy ride, but with determination, you should be able to get there.

So in this episode of Success With Bob Mwiti Show, I give you 5 things you need to know about H1B work visa.Enjoy!.If you like my work, please subscribe to my youtube channel for more content about living and working in the United States Of America.

A Little Bit About Me!

I am a former international student in USA and I am a senior IT consultant in the areas of Oracle EBS Financials and Robotics Process Automation (RPA) here in USA. I am the programs director of Appstec America – A consulting company based in Tampa, Florida, USA.

I’ve been blessed to have learned a lot in my career as an IT consultant. My life has truly changed, and I’ve made it my mission to give back and serve others beyond myself. Whether that be helping you to relocate to USA as an international student, train you as an IT consultant, help you start and build your own online business, creating your financial freedom, motivating you to pursue your goals and dreams, to being more productive, to inspiring you to constantly improve yourself.

My mission is to get you to wake up to the unlimited potential within you and achieve what you’re truly capable of through my various self-development training programs.On the internet, I openly and passionately share my life experiences and all of the very best concepts, strategies, tools, and resources that I continue to discover that have made a measurable difference to my life, and will do for you as well.

Keep your dream alive and never give up! To learn about my company’s amazing programs, please go to;

www.appstecamerica.com or www.successwithbobmwiti.com

Contact me at;
success@successwithbobmwiti.com
info@appstecamerica.com
+1 813-573-5619 ext 402

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Business

Kenyans in US fall victim to phishing attacks by Sendwave impersonators, lose thousands of dollars

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BY BMJ MURIITHI

Impersonators posing as genuine employees of SendWave.com, the popular online money Transfer platform, are sending out emails to unsuspecting customers asking them to update their their account information.

 

Many Kenyans living in the United States have been targeted by the scammers.

 

Sendwave is operated by Chime Inc. and is authorized to transmit money in the US, Canada, the UK and the EU.

 

On Thursday, SendWave administrators confirmed to Kenya Satellite News Network that the emails did not emanate from them and appealed to their customers “not to update their account information as they are going to lose their money.”

 

“Those emails are not from us. Any email from Sendwave must have @sendwave as a handle. Please don’t open them,” the spokesperson said.

Irene Wanjiru Maina, an Atlanta-based Kenyan who regularly uses Sendwave to send money to her family back home said he was amazed by how credible the “fake” landing page.

 

“When you click on the link, it takes you to a landing page which looks almost identical to the genuine Sendwave landing page,” she said.

“I just hope no one has fallen victim,” she added.

 

However, two other  customers who did not wish to disclose their identity confirmed to ksnmedia.com that they had fallen victim and their accounts had been compromised.

 

Here is how the fake landing page looks:

 

Here is the genuine Sendwave landing page:
Can you spot the difference?
Below are samples of some of the emails received by Sendwave customers:

Hi

 

This is Norman B. from Sendwave. For regulatory purposes, we’re required to verify the identity of all Sendwave users. Unfortunately, your account has not yet been verified. In order to ensure that you are able to continue to use our service, kindly click on the update your account below:

 

Update Your Account 

 

Please note that if you do not confirm your details within 48 hours, your ability to send money using Sendwave may be disrupted. We apologize for any inconvenience this may cause.

 

At Sendwave, we take the security of your account very seriously and appreciate your immediate attention to this matter.

Best,

Sendwave User Protection Support Team

Hi,
We wanted to let you know that we’ve updated our Terms of Service for all Sendwave users. These updates reflect our ongoing commitment to documenting our procedures clearly as we work to provide you with the safest, easiest and fastest service possible. In order to ensure that you are able to continue to use our service, Kindly click on submit account verification to update your account:

Submit Account Verification   

Please note that if you do not confirm your details within 48 hours, your ability to send money using Sendwave may be disrupted. We apologize for any inconvenience this may cause.

As always, thank you for using Sendwave!

Best Wishes,
The Sendwave Team  

Wave only allows you to transfer money via their dedicated smartphone application, available for both Apple and Android phones. Customers in the US, the UK and Canada can send money, and current receiving countries include Ghana, Kenya, Nigeria, Tanzania and Uganda. Although the range of sending and receiving countries is limited, Wave are planning to introduce money transfer services to more countries as the company grows.

Wave does not charge fees to use its money transfer services and instead makes a profit by offering a worse exchange rate than the base rate. This rate varies between being around 1.5 percent and five percent lower. This can make them more expensive than other providers for certain money transfer needs, so it’s worth comparing.

You can only send money from a debit card linked to a bank account in the US, the UK, Canada or another country approved by Wave. The mobile application can be used anywhere in the world, as long as the payment comes from a bank account approved by Wave.

You cannot use a credit card, PayPal or a direct bank transfer to fund currency exchanges. We did find a couple of references on the Wave website to sending funds to the beneficiary’s bank account, but couldn’t find further details. It looks like they mainly offer to transfer funds to the beneficiary’s mobile wallet, which would explain why the transfers are so fast.

There are limits to how much money people can send. You can initially transfer a maximum of $999/£750/€750 per day and $2,999/£2,500/€2,500 per month.

These limits can be raised to $2,999/£2,500/€2,500 per day and $12,000/£10,000/€10,000 per month if Wave receives proof of identity in the form of a photographic ID.

Wave, with a website at www.wave.com (part of a business called Chime Inc.) should not be confused with Wave Money, with a website at www.wavemoney.com.mm — they are separate businesses.

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