Penetration with a body part or object

A Kenyan court sentenced a man to 27 years in prison on Monday this week after he was found guilty of rape. The Sexual Offences Act defines rape as the unlawful penetration of the genital organs of another person with any body part or object.

The 27-year sentence given to Simon Mwita Mwere for raping his cleaning lady (Mama Fua) sparked much emotion online, with some saying the sentence should have been longer.

According to sexual offense law, a person is guilty of a sexual offense if he or she unlawfully penetrates the genitals of another person with a part of his or her body or the body of another person or with an object.

In addition, any person who commits rape, gang rape or defilement risks a prison sentence of no less than 15 years.

pollution

Under the Sexual Offenses Act, a person is guilty of defilement if he or she penetrates a child. The penalties vary depending on the child’s age.

Anyone who shamefully treats a child aged 11 or under will be sentenced to life imprisonment. Anyone who shamefully treats a child aged between 12 and 15 will face a prison sentence of at least 20 years.

If the child is between 16 and 18 years old, the offender will be sentenced to a minimum of 15 years in prison. In cases of defilement, there is only one defense: if the accused can prove that he had reason to believe that the child was of legal age, for example, if the minor lied to him.

Man sentenced to 27 years in prison for rape

Simon Mwita Mwere was sentenced to 27 years in prison for locking up, beating, abusing and raping his domestic worker.

The woman, identified only as “H,” was working as a “Mama Fua” (laundry lady) at the time of the horrific incident.

Njeri wa Migwi, a Kenyan human rights activist and founder of the Usikimye Foundation, an organization that provides refuge and support to victims of sexual and gender-based violence (SGBV) in Kenya, reported on X about the major breakthrough in the case.

“We went down this path with H and yesterday the verdict was announced. We never missed a court hearing, we accompanied them. He threatened us all. We carried on. 27 years in prison. That’s it,” the statement said.

The verdict was announced on Monday, May 27, 2024, after a long and difficult legal battle supported by the local organization.

“Having considered all the above factors and the circumstances of this case as well as the time the accused has spent in custody, I hereby sentence the accused Simon Mwita Mwere to 27 years imprisonment with effect from today, 27 March 2024,” the court ruling states.

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