9/11/2023 0 Comments Judicial consent sex![]() Waweru is like Shakespeare’s King Lear, a man more sinned against than sinning,” the judges observed. “The question that arises is whether it is lawful for a girl who is already over 18 years and is a mother, and who has chosen not to testify against the father of her child, whom she considers to be her husband, to be locked up to force her to testify. ![]() The judges observed that the girl was forced to fix the man by her parents, something she documented in two letters she threatened to kill herself. “This appeal epitomises for the umpteenth time the unfair consequences that are inherent in a critical enforcement of the Sexual Offences Act, No 3 of 2006 and the unquestioning imposition of some of its penal provisions which could easily lead to a statute-backed purveyance of harm, prejudice and injustice, quite apart from the noble intentions of the legislation,” the court ruled. It is only after he failed to pay the money that he was arrested and charged.Īppeal judges referred to his case as a situation where courts were called in “to enforce with mindless zeal that which offends all notions of rationality and proportionality”. ![]() Waweru and the girl’s father agreed on a Sh80,000 dowry in the presence of the area chief after the girl eloped with the man.
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