Man jailed for ten years over stolen kiss

[Viking]

Justice Kenyan style! Corrupt leaders amass wealth and walk free while a kiss lands him ten years with hard labour.

 

 

Man jailed for ten years over stolen kiss loses appeal

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By Joseph Murimi

 

A man handed a 10-year jail term for forcibly kissing a schoolgirl was stunned when a judge threw out his appeal.

 

After waiting for two years in remand, Isaac Gitau Karanja was told by Justice Onesmus Mutungi that he had to serve the remaining eight years, with hard labour.

 

Karanja was accused of grabbing, hugging and kissing Tabitha Wanjiru Wang’ombe on her cheeks at Ongata Rongai in August 2003 and later convicted by a Kibera court.

 

Wanjiru, then 16, was walking with her classmate Ruth Wambui from school to church when Gitau emerged from her right side. He grabbed her and kissed her on her right cheek, then walked away.

 

The judge’s ruling, delivered on May 16, means Karanja will spend the next eight years in the company of rapists, some of who are serving lesser sentences.

 

For what has been described as Kenya’s most expensive kiss, Karanja will also share prison cells with robbers, muggers and drug traffickers.

 

The judge said the sentence given to Karanja was fair as the maximum jail term is 21 years for indecent assault.

 

He told the convict that a person’s private parts include "the cheek and the entire human body". He also warned men against touching women without their consent.

 

"Touching any part of one’s body without consent constitutes indecent assault," he said.

 

He said limiting private parts of a person to any part of the limb of one’s body misses the sensitivity that go with privacy.

 

Justice Mutungi said the whole of a person’s body should be private, and to continue with hangover of sexual connotations or associations with the touching misses the sensitivity which goes with privacy.

 

"Can it be seriously contended that a woman’s breasts are more private or sensitive in terms of arousing feelings than the lips, cheeks, or the back of her buttock? I hold not,’’ Justice Mutungi said in the judgment delivered on May 16.

 

He went on to say that his fear and concern was that continued hanging onto traditional perceptions of what constitutes private parts can lead to impunity to touch other persons bodies.

 

The judge said if touching the breasts of a female constitutes indecent assault, he saw no logical distinction with touching her lips or cheeks.

 

After the forced kiss, the girl and her friend proceeded to church and returned to school – Magnata High School – at around 1 pm but her father, who is the principal of the school, was not present.

 

She reported the incident the next day. Karanja was arrested after the girls identified him.

 

In her evidence, Wanjiru testified that touts at the bus stop sexually harassed them whenever they went to church.

 

After trial, Karanja was convicted of indecent assault and jailed for ten years and hard labour.

 

It was then that he moved to the High Court seeking to have the sentence set aside, arguing that the conviction was against the weight of the evidence and that the charge of indecent assault had not been proved.

 

Karanja argued that his conviction was unlawful, as he was not properly identified. He said the sentence of 10 years imprisonment with hard labour for kissing the girl on cheeks was not only excessive but also unwarranted.

 

Karanja said the trial court should have preferred other modes of sentencing such as probation or discharge for a period on condition that he did not commit any other crime for a certain period or fining him because he was a first offender.

 

The judge said calling for probation or discharge for a period would send the wrong message about the seriousness of he offence committed.

 

"The human rights of women, and young persons as in this case, call for firm stand to all those who think that some human beings are better than others,’’ the judge said as he dismissed the appeal.

 

Source

[Final_Say]

wooooooooooow, we need that judge in london!!

10yrs, and dat shit gurls put up wid, here, dey'll be in dere for a life time !!!

[shyhem]

A very fair judgement.Which part of No means NO doesn't he understand?.....U should never touch anyone who doesn't like u'r azz period

[lol]

Dat sure is expensive. 10years is rather too much... maybe 10 days would have thought him enough.

[Valenteenah.]

"The human rights of women, and young persons as in this case, call for firm stand to all those who think that some human beings are better than others,’’ the judge said as he dismissed the appeal.

Absolutely.

 

Still, I feel sorry for him. The punishment far outweighs the crime. Its not fair.

[SJ]

"Can it be seriously contended that a woman’s breasts are more private or sensitive in terms of arousing feelings than the lips, cheeks, or the back of her buttock? I hold not,’’ Justice Mutungi said

Stubidh foqal stubidh. Lips and cheeks would not ring a bell, breast and/or buttock would.

 

Inuu sabaaxad uga kacaa loo qaatay.

[Pujah]

10 friggin years, I think that is beyond ludicrous. :rolleyes: Though I agree touching and forcing a kiss on that girl without her consent should be considered gross sexual misconduct, I hardly think it warrants that kind of justice. I mean what kind of sick massage is the judge trying to send by sentencing this poor man to 10 yrs while the average rapist serves 6 years.

[Senora]

"The human rights of women, and young persons as in this case, call for firm stand to all those who think that some human beings are better than others,’’ the judge said as he dismissed the appeal.

Now if only we could put those crooked cops behind bars....or better yet, call for a firm stand against the entire police institution :rolleyes:

[Raxmah]

Ouch, I thought the moron deserved it, but that wouldnt be justice...at least there is a lesson for all those who cant keep their hands oh and their mouths to themselves in Kenya.

[Pacifist]

Maaaaaaaaaaaaaaaaaaaac Suungaarrrrrr caleen Shaax

 

I would love if they brought this judge to the US.

 

But damn 10 years He sure has alot of thinking to do.