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Sexual Offences Act
Obi 1 Kanobi
#1 Posted : Monday, October 03, 2016 1:32:10 PM
Rank: Elder


Joined: 7/23/2008
Posts: 3,017
How constitutional is this law.

How do you jail one minor (boy) for engaging in consensual sex with another minor (girl) and let the girl off scot free.

As per this law, is a crime committed if 2 boys or 2 girls engage in consensual sex (disregard the gay bit).

I have no problem with the action on defilers
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
radio
#2 Posted : Monday, October 03, 2016 1:45:08 PM
Rank: Veteran


Joined: 11/9/2009
Posts: 2,003
Obi 1 Kanobi wrote:
How constitutional is this law.

How do you jail one minor (boy) for engaging in consensual sex with another minor (girl) and let the girl off scot free.

As per this law, is a crime committed if 2 boys or 2 girls engage in consensual sex (disregard the gay bit).

I have no problem with the action on defilers



Lopsided laws driven by feminist agendas
grolut
#3 Posted : Monday, October 03, 2016 2:25:28 PM
Rank: Member


Joined: 9/2/2010
Posts: 563
Location: Embakasi
Obi 1 Kanobi wrote:
How constitutional is this law.

How do you jail one minor (boy) for engaging in consensual sex with another minor (girl) and let the girl off scot free.

As per this law, is a crime committed if 2 boys or 2 girls engage in consensual sex (disregard the gay bit).

I have no problem with the action on defilers


These are matters Maeendeleo ya Wanaume should take up, not trying to get rid of a statue in front of the High Court.
In a place where thought is abandoned, freedom can become a curse.
FRM2011
#4 Posted : Monday, October 03, 2016 5:48:26 PM
Rank: Elder


Joined: 11/5/2010
Posts: 2,459
Obi 1 Kanobi wrote:
How constitutional is this law.

How do you jail one minor (boy) for engaging in consensual sex with another minor (girl) and let the girl off scot free.

As per this law, is a crime committed if 2 boys or 2 girls engage in consensual sex (disregard the gay bit).

I have no problem with the action on defilers



This law was very timely and we'll thought out by hon. Njoki ndungu.

Like a mentioned in another thread, talk to any high school teacher and they will tell you of horror stories that have befallen their colleagues who dared touch the randy girls under their care.

The law was made to protect our young girls.

But now it's application in criminal proceedings has resulted in undesirable outcomes like the cases you have mentioned.

Luckily, this matter was discussed extensively during the recent judges colloquium, and they were all unanimous something needs to be amended.

The AG promised action.

But for now, advise your son to keep off girls. This law has destroyed the lives of a number of teenage boys.
Obi 1 Kanobi
#5 Posted : Tuesday, October 04, 2016 5:23:06 PM
Rank: Elder


Joined: 7/23/2008
Posts: 3,017
FRM2011 wrote:
Obi 1 Kanobi wrote:
How constitutional is this law.

How do you jail one minor (boy) for engaging in consensual sex with another minor (girl) and let the girl off scot free.

As per this law, is a crime committed if 2 boys or 2 girls engage in consensual sex (disregard the gay bit).

I have no problem with the action on defilers



This law was very timely and we'll thought out by hon. Njoki ndungu.

Like a mentioned in another thread, talk to any high school teacher and they will tell you of horror stories that have befallen their colleagues who dared touch the randy girls under their care.

The law was made to protect our young girls.

But now it's application in criminal proceedings has resulted in undesirable outcomes like the cases you have mentioned.

Luckily, this matter was discussed extensively during the recent judges colloquium, and they were all unanimous something needs to be amended.

The AG promised action.

But for now, advise your son to keep off girls. This law has destroyed the lives of a number of teenage boys.


I appreciate that there is a need to protect our minors (especially our girls) from peodophiles and pederasts but this cannot be achieved by a law that targets one sex?

Are we admitting using this law that a man is superior to a woman holding all things constant.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
alma1
#6 Posted : Tuesday, October 04, 2016 6:18:22 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
Some of the laws being passed in Kenya these days would make Justice Miller smile in his grave.

Ati to protect young girls, we destroy young boys.

If this law was around during Kenyatta's time, some of you people would not have been born.

Another stupid law that needs to go to the annals of sahau.

From2011 when you use the words Honorable to a law that persecutes one for being born a certain sex, we have serious problems.

I'm now convinced that the people crafting Kenyan laws these days are day dreamers or high school dropouts who paid to go to law school and got sponsors on the way up.

There is no other reason that someone can even come up with a law that says speeding is 30k pap. Jinga sana. I'd rather give the cop 1k. I can speed 26 times on that highway and still have enough to take a quarter to the nagging one.
Thieves are not good people. Tumeelewana?

murchr
#7 Posted : Wednesday, October 05, 2016 4:43:32 PM
Rank: Elder


Joined: 2/26/2012
Posts: 15,980
Kisii MCAs in court after 'weekend outing' with schoolgirls

the Star wrote:
Two MCAs from Kisii county who allegedly spent a weekend with three schoolgirls failed to take plea when they were arraigned on Wednesday.

Joash Orora (Msimba) and Cosmas Saka (Nyakoe) failed to take the plea after the chief magistrate Jesse Nyaga noted that the charge sheet was defective.

State counsel Tom Mbali had wanted the accused to plead to charges of "sexual exploitation contrary to Section 18 of the Penal Code, as read with Section 121 of Sexual Offenses Act".


"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
Anti_Burglar
#8 Posted : Thursday, October 06, 2016 9:33:30 AM
Rank: Veteran


Joined: 9/11/2015
Posts: 1,024
alma1 wrote:
Some of the laws being passed in Kenya these days would make Justice Miller smile in his grave.

Ati to protect young girls, we destroy young boys.

If this law was around during Kenyatta's time, some of you people would not have been born.

Another stupid law that needs to go to the annals of sahau.

From2011 when you use the words Honorable to a law that persecutes one for being born a certain sex, we have serious problems.

I'm now convinced that the people crafting Kenyan laws these days are day dreamers or high school dropouts who paid to go to law school and got sponsors on the way up.

There is no other reason that someone can even come up with a law that says speeding is 30k pap. Jinga sana. I'd rather give the cop 1k. I can speed 26 times on that highway and still have enough to take a quarter to the nagging one.


Hehehe. Its hard to disagree with you on that one.....
Obi 1 Kanobi
#9 Posted : Thursday, October 06, 2016 10:08:58 AM
Rank: Elder


Joined: 7/23/2008
Posts: 3,017
murchr wrote:
Kisii MCAs in court after 'weekend outing' with schoolgirls

the Star wrote:
Two MCAs from Kisii county who allegedly spent a weekend with three schoolgirls failed to take plea when they were arraigned on Wednesday.

Joash Orora (Msimba) and Cosmas Saka (Nyakoe) failed to take the plea after the chief magistrate Jesse Nyaga noted that the charge sheet was defective.

State counsel Tom Mbali had wanted the accused to plead to charges of "sexual exploitation contrary to Section 18 of the Penal Code, as read with Section 121 of Sexual Offenses Act".




These sex predators being politicians will walk away scott free and even get elected in 2017 because this poorly crafted bill only targets teenage boys.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
FRM2011
#10 Posted : Thursday, October 06, 2016 11:47:49 AM
Rank: Elder


Joined: 11/5/2010
Posts: 2,459
Obi 1 Kanobi wrote:
murchr wrote:
Kisii MCAs in court after 'weekend outing' with schoolgirls

the Star wrote:
Two MCAs from Kisii county who allegedly spent a weekend with three schoolgirls failed to take plea when they were arraigned on Wednesday.

Joash Orora (Msimba) and Cosmas Saka (Nyakoe) failed to take the plea after the chief magistrate Jesse Nyaga noted that the charge sheet was defective.

State counsel Tom Mbali had wanted the accused to plead to charges of "sexual exploitation contrary to Section 18 of the Penal Code, as read with Section 121 of Sexual Offenses Act".




These sex predators being politicians will walk away scott free and even get elected in 2017 because this poorly crafted bill only targets teenage boys.


These guys are in a lot of trouble. This bill was specifically crafted to protect minors from sex pests. You will remember one of its most powerful clauses is in its definition of a legal guardian.

The parents of these girls cannot make an out-of-court deal with the mcas. Anyone can simply walk to court and be recognised as the complainant. Even a neighbour.

The fact that young boys have been caught by the net shouldn't blind us from seeing the good in a tough law.

In nyeri a guy married a 17yr old girl in a customary wedding complete with dowry. He was arrested and jailed for 15 years. Even when the girl and her parents testified on his behalf, the magistrate was not moved. He was only released on appeal after one year in prison.

Moral : don't touch under 18.
alma1
#11 Posted : Thursday, October 06, 2016 12:18:49 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
FRM2011 wrote:
Obi 1 Kanobi wrote:
murchr wrote:
Kisii MCAs in court after 'weekend outing' with schoolgirls

the Star wrote:
Two MCAs from Kisii county who allegedly spent a weekend with three schoolgirls failed to take plea when they were arraigned on Wednesday.

Joash Orora (Msimba) and Cosmas Saka (Nyakoe) failed to take the plea after the chief magistrate Jesse Nyaga noted that the charge sheet was defective.

State counsel Tom Mbali had wanted the accused to plead to charges of "sexual exploitation contrary to Section 18 of the Penal Code, as read with Section 121 of Sexual Offenses Act".




These sex predators being politicians will walk away scott free and even get elected in 2017 because this poorly crafted bill only targets teenage boys.


These guys are in a lot of trouble. This bill was specifically crafted to protect minors from sex pests. You will remember one of its most powerful clauses is in its definition of a legal guardian.

The parents of these girls cannot make an out-of-court deal with the mcas. Anyone can simply walk to court and be recognised as the complainant. Even a neighbour.

The fact that young boys have been caught by the net shouldn't blind us from seeing the good in a tough law.

In nyeri a guy married a 17yr old girl in a customary wedding complete with dowry. He was arrested and jailed for 15 years. Even when the girl and her parents testified on his behalf, the magistrate was not moved. He was only released on appeal after one year in prison.

Moral : don't touch under 18.



This is what I mean when I say these laws are being crafted by people who can barely think.

Laws are not supposed to be created to get one big thug and 100 innocent people.

Who came up with idea.

It's like creating a law to stop driving because one matatu driver drove while drunk.

This law should go period. Take it back to be redone.

Another thing, who said that African women come of age at 18 years. Who came up with that number? What was wrong with 16 or 17?

I agree with Obi 1, which is sad really. This law was crafted by those NGO women who have to show that they are taking care of the so called "girl child".

Take it back, fix it.

Stop arresting young men so that you can get a few dollars from mzungus whos women at 21 can't bear children after eating too many macdonalds.
Thieves are not good people. Tumeelewana?

Anti_Burglar
#12 Posted : Thursday, October 06, 2016 12:23:55 PM
Rank: Veteran


Joined: 9/11/2015
Posts: 1,024
lol
Wamunyota
#13 Posted : Thursday, October 06, 2016 12:30:38 PM
Rank: Veteran


Joined: 6/23/2014
Posts: 1,652
I am with Alma on this one.If the mature age is 18yrs why doesn't puberty start at 18?I remember back in the day we used to land on airports in the coffee bushes and nappier grasses.Both parties enjoyed and it was consensual.Why should we punish the boy and let the girl go scot free? #Thecryoftheboychild
Hutia Mundu!!
FRM2011
#14 Posted : Thursday, October 06, 2016 1:27:43 PM
Rank: Elder


Joined: 11/5/2010
Posts: 2,459
I am sensing a bit of selective amnesia here. Young girls were being molested everywhere. And all it took was for elders to sit down with both families and agree on a cash settlement.

That was the background of the law. Where is @maka to explain this jurisprudence stuff. Ana alipotelea huko kwa t-bills.

Those of us who schooled in the village know what terror randy teachers unleashed on the early bloomers in upper primary school. In my village there is one who sired over ten kids with his pupils. On each occasion, elders would agree on a settlement. After the new law came to effect, the guy had to resign after a children's officer came down hard on him. He was avoiding a ocurt case. And just like that a paedophile and sex pest was stopped by the new act.

Disclaimer : I don't have sons. Just lovely girls. Tell your sons to wait until my girls are 18. Otherwise, they will have to continue their landing in prison. Only this time, they will be the girls.
sitaki.kujulikana
#15 Posted : Thursday, October 06, 2016 1:42:27 PM
Rank: Veteran


Joined: 8/25/2012
Posts: 1,826
FRM2011 wrote:
I am sensing a bit of selective amnesia here. Young girls were being molested everywhere. And all it took was for elders to sit down with both families and agree on a cash settlement.

That was the background of the law. Where is @maka to explain this jurisprudence stuff. Ana alipotelea huko kwa t-bills.

Those of us who schooled in the village know what terror randy teachers unleashed on the early bloomers in upper primary school. In my village there is one who sired over ten kids with his pupils. On each occasion, elders would agree on a settlement. After the new law came to effect, the guy had to resign after a children's officer came down hard on him. He was avoiding a ocurt case. And just like that a paedophile and sex pest was stopped by the new act.

Disclaimer : I don't have sons. Just lovely girls. Tell your sons to wait until my girls are 18. Otherwise, they will have to continue their landing in prison. Only this time, they will be the girls.

wewe endelea na disclaimer, even your underage girl can be arrested, utasikia sijui she was bullying another girl in school touched her inappropriately, or as young kids loves to experiment between same sexes, and your girl will be in prison just like that, its very open ended.
Wamunyota
#16 Posted : Thursday, October 06, 2016 2:10:39 PM
Rank: Veteran


Joined: 6/23/2014
Posts: 1,652
sitaki.kujulikana wrote:
FRM2011 wrote:
I am sensing a bit of selective amnesia here. Young girls were being molested everywhere. And all it took was for elders to sit down with both families and agree on a cash settlement.

That was the background of the law. Where is @maka to explain this jurisprudence stuff. Ana alipotelea huko kwa t-bills.

Those of us who schooled in the village know what terror randy teachers unleashed on the early bloomers in upper primary school. In my village there is one who sired over ten kids with his pupils. On each occasion, elders would agree on a settlement. After the new law came to effect, the guy had to resign after a children's officer came down hard on him. He was avoiding a ocurt case. And just like that a paedophile and sex pest was stopped by the new act.

Disclaimer : I don't have sons. Just lovely girls. Tell your sons to wait until my girls are 18. Otherwise, they will have to continue their landing in prison. Only this time, they will be the girls.

wewe endelea na disclaimer, even your underage girl can be arrested, utasikia sijui she was bullying another girl in school touched her inappropriately, or as young kids loves to experiment between same sexes, and your girl will be in prison just like that, its very open ended.

The law should be declared null and void as it discriminates against the boy child.
Hutia Mundu!!
Obi 1 Kanobi
#17 Posted : Thursday, October 06, 2016 2:36:06 PM
Rank: Elder


Joined: 7/23/2008
Posts: 3,017
FRM2011 wrote:
I am sensing a bit of selective amnesia here. Young girls were being molested everywhere. And all it took was for elders to sit down with both families and agree on a cash settlement.

That was the background of the law. Where is @maka to explain this jurisprudence stuff. Ana alipotelea huko kwa t-bills.

Those of us who schooled in the village know what terror randy teachers unleashed on the early bloomers in upper primary school. In my village there is one who sired over ten kids with his pupils. On each occasion, elders would agree on a settlement. After the new law came to effect, the guy had to resign after a children's officer came down hard on him. He was avoiding a ocurt case. And just like that a paedophile and sex pest was stopped by the new act.

Disclaimer : I don't have sons. Just lovely girls. Tell your sons to wait until my girls are 18. Otherwise, they will have to continue their landing in prison. Only this time, they will be the girls.


What kind of village did you grow up in. How do you allow a sex pest to molest and impregnate not 1, not 2, not 3 but 10 girls as you watch and wait for some children's officer.

I don't believe you but if true, then shame on you and your village.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
FRM2011
#18 Posted : Thursday, October 06, 2016 2:43:03 PM
Rank: Elder


Joined: 11/5/2010
Posts: 2,459
Obi 1 Kanobi wrote:
FRM2011 wrote:
I am sensing a bit of selective amnesia here. Young girls were being molested everywhere. And all it took was for elders to sit down with both families and agree on a cash settlement.

That was the background of the law. Where is @maka to explain this jurisprudence stuff. Ana alipotelea huko kwa t-bills.

Those of us who schooled in the village know what terror randy teachers unleashed on the early bloomers in upper primary school. In my village there is one who sired over ten kids with his pupils. On each occasion, elders would agree on a settlement. After the new law came to effect, the guy had to resign after a children's officer came down hard on him. He was avoiding a ocurt case. And just like that a paedophile and sex pest was stopped by the new act.

Disclaimer : I don't have sons. Just lovely girls. Tell your sons to wait until my girls are 18. Otherwise, they will have to continue their landing in prison. Only this time, they will be the girls.


What kind of village did you grow up in. How do you allow a sex pest to molest and impregnate not 1, not 2, not 3 but 10 girls as you watch and wait for some children's officer.

I don't believe you but if true, then shame on you and your village.


Boss, I guess you grew up in Nairobi.

You should read the kind of material cradle had prepared. Very depressing cases and just when cradle was taking them up, the parents of the victim would cut a deal and cradle would watch helplessly as the paedophiles walk away free.

You would be shocked to learn that njoki ndungu got overwhelming support for the bill in the house. Only the late otieno kajwang had objected and the backlash was so severe he had to retract.
Obi 1 Kanobi
#19 Posted : Thursday, October 06, 2016 2:50:50 PM
Rank: Elder


Joined: 7/23/2008
Posts: 3,017
FRM2011 wrote:
Obi 1 Kanobi wrote:
FRM2011 wrote:
I am sensing a bit of selective amnesia here. Young girls were being molested everywhere. And all it took was for elders to sit down with both families and agree on a cash settlement.

That was the background of the law. Where is @maka to explain this jurisprudence stuff. Ana alipotelea huko kwa t-bills.

Those of us who schooled in the village know what terror randy teachers unleashed on the early bloomers in upper primary school. In my village there is one who sired over ten kids with his pupils. On each occasion, elders would agree on a settlement. After the new law came to effect, the guy had to resign after a children's officer came down hard on him. He was avoiding a ocurt case. And just like that a paedophile and sex pest was stopped by the new act.

Disclaimer : I don't have sons. Just lovely girls. Tell your sons to wait until my girls are 18. Otherwise, they will have to continue their landing in prison. Only this time, they will be the girls.


What kind of village did you grow up in. How do you allow a sex pest to molest and impregnate not 1, not 2, not 3 but 10 girls as you watch and wait for some children's officer.

I don't believe you but if true, then shame on you and your village.


Boss, I guess you grew up in Nairobi.

You should read the kind of material cradle had prepared. Very depressing cases and just when cradle was taking them up, the parents of the victim would cut a deal and cradle would watch helplessly as the paedophiles walk away free.

You would be shocked to learn that njoki ndungu got overwhelming support for the bill in the house. Only the late otieno kajwang had objected and the backlash was so severe he had to retract.


I didn't grow up in the village as you put it but I still have my roots and most of the family back there.

There are stories of pest teachers that i hear on occasion but in most cases, the villagers dealt with those teachers forcefully outside this bill, especially primary school teachers.

I agree there are alot of teen on teen sexual harassment even rape, however the bill tries to solve the problem by denying the boy child (I don't mean adult males) a fair hearing.

By the way, don't get me wrong, I m ok with the harsh treatment meted on adults (of both sexes) where they abuse our young girls or boys.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
alma1
#20 Posted : Thursday, October 06, 2016 3:29:36 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
Ok now I can see some villages have lunatics as members. From the rapists to the "elders" to the parents.

If you try something like that in the village I'm supposed to come from, you won't live for a very long time. But I guess people are different.

That's why I don't agree that since some villages have horny old men, we go ahead and punish our village which only has randy teenagers.

Or maybe this is a law that is supposed to create a new law in the backdoor. If you are not a virgin below the age of 18 you shall go to jail for xxxx years.

Be serious...Arresting boys in gishagi for having a normal part of human biology with their age-mates and calling them pedophiles for the rest of their lives is just plain evil.

It's like some woman in these NGO's was trying to revenge for all the days she was not screwed while her friends were partaking in the "nyeki"
Thieves are not good people. Tumeelewana?

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