Good that law is punishing paedophiles

Children are under threat more than ever from the sexual abusers on the prawl, who breach their rights and get a slap on the wrist as punishment, making them emboldened.

There is a need to mete out stern punishment as stipulated in the laws that protect children’s rights. 

But some rulings are scandalous. Hull Locksmith, 72, a British pensioner who came to Kenya for charity, lured Kilifi girls using his granddaughter to access them.

He was convicted by a Leeds Crown Court, in the UK, to counts of rape, sexual assault and perveting the course of justice and sentenced to 18 years and six months in prison. That was a soft landing.

Another sexually abused street children, mainly boys, one of them only nine, in his Gilgil home under the guise of offering charity to the vulnerable children in 1996-2013.

The 55-year-old Briton was found guilty of indecent assault and sexual assault. A Birmingham Crown Court sent him to prison for 17 years. A slap on the wrist.

Life imprisonment

Locally, a rape-accused was set free in the Martin Charo v. R Cri. App. No. 32 of 2015 when the judge ruled that the appellant could not be condemned for the voluntary acts of the complainant, who was 14, since she behaved like an adult. The 24-year-old appellant never bothered to ascertain the age of the minor. Ridiculous.

Under the Sexual Offences Act 2006, provisions of the law are punitive enough to provide a death-lock for perpetrators but the application aspect is wanting.

For example, the defilement of a minor of up to 11 years invites a life imprisonment. Sexual assault of a minor attracts a 10-year jail term but may be enhanced to life imprisonment. A person who defiles a child of 16-18 years is liable to imprisonment for 15 years.

This month, a Baricho (Kirinyaga) court sentenced a pastor who defiled his two underage daughters to 140 years after he pleaded guilty to the offences. That’s the way to go.

Mr Ayuo is a legal researcher and tutor. @timothysamson1