Defilement of a child between the ages of 12 to 15 carries a sentence of 20 years imprisonment; Defilement of a child between 16- 18 years old carries a sentence of 15 years imprisonment.
The High Court in Meru has upheld a 15-year jail term handed to a boda boda rider who married a woman he had defiled when she was 16.
Justice Edward Muriithi ruled that even though the woman had told the court she was now Jackson Bundi’s wife, she was not in a position to make that decision seven years ago.
Justice Muriithi regretted that the couple had a child and Bundi’s imprisonment deprived the family of a provider, insisting that the law is supposed to protect every child from defilement.
In a judgment that could help discourage child marriages and defilement, Justice Muriithi ruled that the current marriage between the couple could not be used as defence
In her testimony, the woman, now 23, told the court that she had voluntarily gone to Bundi’s home, where they started living as man and wife.
Bundi had appealed, arguing that prosecutors had not proved their case beyond reasonable doubt and that the sentence was excessive in the circumstances of the case.
Here are some Reactions
Kennedy Bala ‘ Ladies should stand up and fight for the freedom of the boy child or they will become instinct and how will life be without men if this is case of being jailed of sleeping with your wife ‘
Kamau irungu ‘ The guy slips with the girl while she was 15 and the case was reported as defilement, the matter was settled out of court and the guy married the girl. After 6 years in marriage the guy was sentenced. The court refused to drop the case.
Thanga Carmau ‘ The government should provide us as men with a form bearing kebs and all relevant official stamps which we will be filling before act to avoid unnecessary misunderstandings….the local chief should also be there from the start to the end to officially declare it fair and return the paperwork satisfied.’
Josphat Kabila ‘ the law is never fair to us the gender that God created with his own hands’