This archive report was first published on 9 December 2019.
A 16-year-old girl's decision to have consensual sex with a man who had chased away her mother has led to a reduced jail sentence for the perpetrator.
High Court Judge Ruth Sitati reduced the 15-year sentence handed down by a lower court to 5 years, citing the girl's consent as a mitigating factor.
However, the judge emphasized that the girl's age and the circumstances of the case meant that the man's actions were still unacceptable and deserving of punishment.
The case involved a man who had been charged with defiling the 16-year-old girl at her home in Wetai village, Kakamega Central District, between May 17 and November 17, 2016.
The girl had left her home to visit the man, and they had prolonged their stay until her mother was informed of her whereabouts.
When questioned by the court, the girl had stated that she had had consensual sex with the man and was not forced into it.
Despite this, the lower court had handed down a 15-year sentence, citing the seriousness of the offense.
However, the High Court judge has now reduced the sentence to 5 years, citing the girl's consent as a mitigating factor.
