Meru: Man Who Defiled a Minor Freed Because The Girl Behaved Like an Adult

Justice Wanjiku Cherere at the High Court in Meru has shocked the world after delivering a judgment that has reignited the consent to sex debate. The judge freed one, Mohamed Hussein, who had defiled a 16 year old girl in Isiolo County. In her judgement, Justice Wanjiku Cherere decided that the man was innocent because the minor had consented to the act.

In 2021, Hussein had been convicted because of engaging in an indecent act with a minor and had been jailed to 15 years by a court in Isiolo County. He is said to have committed the act on various dates between 6th and 13th December 2016 with the underage girl who was 16 years old.

The two were arrested at Hussein’s home after the father reported her missing . After medical tests, it turned out that she had been defiled and impregnated.  She gave birth in 2019. in his defense, Hussein said that the two were married but he failed to pay the father Ksh 250,000 which they had agreed on.

Justice Wanjiku said that the girl behaved like an adult and even agreed to spend the night at Hussein’s home at will. She further said that the 16 year old girl did not object when she was introduced as a wife.In Kenya,  statutory rape law is violated when an individual has consensual sexual contact with a person under age 18. The ruling by Justice Cherera has brought about a new debate on whether it is legal for a minor to consent to sex and marriage. Let us know your thoughts in the comment section down below.

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