Kenyans in Diaspora condemn 15 year jail term for woman who had sex with a boy - Kenya Satellite News Network
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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

PHOTOS: See Kenyan celebrities who had to look outside the borders to find love

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Some Kenyan celebrities have found love beyond the borders, married and even started families. Below is a compilation of some of them:

1. DJ Mohz

 

Top Kenyan celebrities who’ve found love beyond our borders

DJ Mohz walked down the aisle nearly eight years ago with his beautiful wife Deborah Kimathi. They got beautiful daughters and they say they have been happily married for all those years.

2. Vanessa Kiuna

Image result for where does vanessa kiunas husband come from

 

The daughter to Reverend Kathy Kiuna is among those Kenyans as well. Her husband’s name is Robert and they have a child together. The husband is from South Africa and the couple says their parents are very supportive of them.

3. Ninja

Jeff-Okelo-4-524x350

Jeff Okello, an actor from the popular tv show, Mother-in-Law, got a ‘mzungu’ wife and they are apparently even getting a second child together.

Her wife’s name is Katja Maria Huhta and has Finnish descent.

4. Octopizzo

Octo-and-wifey

The Hip hop artist and youth activist from Kibera also got to marry a ‘mzungu’.He has two daughters and isn’t afraid of showing them off to the world.

5. Jeff Koinange

Introducing-Citizen-TVs-Jeff-Koinange-Beautiful-Wife-and-their-Cute-Son-5

The Citizen television anchor Jeff has been married to the second wife Shaila Koinange a Kenyan of Asian origin for so many years.

He tries his best to keep his family from the public eye hence not much is known about the wife.

6. Eric Omondi

eric-omondi-chanty2-e1495789454669

Popular comedian Eric Omondi also got his hands on a mixed beauty known as Chantal Grazioli who is half Italian half Kenyan.

He fell in love with her and the two have been seen a lot together.

BY: PETER KARIUKI

radiojambo.co.ke

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Diaspora

US-based Kenyan man holds 3 Pre-weddings in quick succession, fiancée says wedding must go on

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BY OLIVIA MUNGWANA

A Kenyan woman in Seattle, Washington, who has been at the center of a heated online debate has come out to openly declare her total support for her fiancé, who is being accused of scamming Kenyans by holding three Pre-wedding fundraisers within a few months: two in Maryland and Massachusetts and an upcoming one in Washington State.

In an exclusive interview with Kenya Satellite News Network Thursday, Pastor Serah Ndirangu said she is ready to get married to the man and “those casting doubts on the event are mere detractors whose opinions don’t really matter.”

She said she is well aware of what happened between the previous fiancée  and the Reverend and added that the upcoming pre-wedding was her own idea.

“Why do people like poking their noses in other peoples’ affairs?” she wondered.

“We really don’t care what they are saying…this is our life and no one is being forced to contribute a penny,” she said.

Our  pre-wedding will take place on November 10th “come rain, come shine,” she added.

She was referring to those who have raised concern over the number of times the man in question has “fallen in love.”

The debate is about one Reverend Stanley Mwea who held two pre-wedding fundraisers in May this year, in Baltimore and Boston. The woman he intended to marry was Susan Kangethe, but as fate would have it, differences arose before they could tie the knot and the wedding was called off.

Soon after that, Rev Mwea then fell in love with another woman, Ms Serah Ndirangu, and the two planned a third pre-wedding, slated for November 10th this year.

This did not go down very well with some Kenyans in the Diaspora, many of whom took to social media to make their position on the matter known. Some of them said they feel “used” after having made monetary contributions to the previous fundraisers.

This comes at a time when Kenyans in different cities in the US have been complaining of rising instances where, after pre-weddings are held, the “love birds” vanish or relocate to different states, never to be seen again.

Now Pastor Serah Ndirangu says the wedding will take place in Seattle, Washington in early December. “The church elders and my fellow gospel musicians have encouraged me to go on with the arrangements and there is no looking back. God will fight on our behalf,” she adds.

However, some people, mostly Kenyans, were skeptical:

Here are some of the comments:

Bryan Dubb wrote on Facebook: 

Waaaaar my Kenyanese people. Is this what we doing now? Same Reverend, two women, different cities, one in May and another in Nov same year for a pre-wedding? C’mon son 😏

***another pre wedding in Mass**

Esther WaKang’ara:  I imagine there are people who contributed to all his mchangoz…the f**kery 🙄🙄. Throw it all away!!!

 

Brenda Momanyi They all know about each that have a mission to chop y’all hard earned money small small #issascam #dontdallforit

Lily Jay: Wajinga ndio waliwao.. let the man prosper! Kama kuna his kondoos willing to shell out their hard earned cash to this conman, so be it. Wabarikiwe..

Salome Mwangi: Ala! Mchungaji kondoo amechunga coast to coast…… this one takes the crown. Team serah Seattle is close to me issa wedding😂😂. Is this guy serious? I hope not.

Corazòn Wanjiku He is practicing his beliefs (legalized polygamy). I aint hating but who are these churches supporting this pastor? Don’t raise ALL your hands at ONCE!

Nikki Wangari I’m done with my kenyanese people🤦🏾‍♀️🤦🏾‍♀️🤦🏾‍♀️🤦🏾‍♀️
I’m not boarding that country🤣🤣🤣🤣🤣🤣🏃🏽‍♀️

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Diaspora

Man who recorded Chinese man call president Uhuru a monkey tells New York Times how he faced racism daily

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Liu Jiaqi was deported from Kenya after he was caught on camera calling Kenyans monkeys including president Uhuru Kenyatta.

The Chinese man arrogantly stated that he doesn’t like Kenya because the people are black, poor and they smell. He however said that he still had to do business with Kenyans because he wanted their money.

Richard Ochieng, who recorded the Chinese man hurl racist slur, has come out to narrate his experience working for the racist man during an interview with New York Times.

Richard Ochieng

The 26 year old reveals that Liu Jiaqi racially abused him on a regular basis. He recalls an incident when he was on a business trip with Liu and they spotted troop of baboons by the roadside. Liu told Ochieng to say hi to his brothers (baboons) and instructed him to share some bananas with the primates.

Ochieng also reveals that when he took the job as a salesman at the Chinese motorbike company he was paid a fraction of what he was initially offered.

He also says that his salary was subject to deduction for a long list of infractions, including zero laughter policy at work.

Each minute of lateness — sometimes unavoidable given Nairobi’s notorious traffic — came with a steep fine. An employee who was 15 minutes late might be docked five or six hours’ pay,” said Ochieng.

 

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