At 15 years old, MC, a Form One student in Nandi County, had ‘consensual’ sex with her 20-year-old boyfriend, Delmas Kipruto Bett.
In Kenya, it is contrary to the law for an adult to engage in sexual intercourse with a minor- anyone below 18 years with their consent.
In the matter, MC and Bett met on August 17, 2020, at around 4 pm and hung out until 8 pm before going to the latter’s house.
He was however dissatisfied and moved to the High Court at Kapsabet, arguing that on the date of the offence, MC presented herself and behaved like an adult.
This, he added, showed that she ought to have been treated as a grown-up who knew what she was doing.
He went on to argue that in such circumstances, it would follow that the offence was not proved beyond reasonable doubt.
Bett urged the court to allow the appeal and quash his conviction by the trial court, adding that his sentence was harsh and should be set aside or reduced.
The state however opposed the appeal praying for its dismissal.
After revisiting the evidence, Judge Joseph Karanja concluded that the state had proven its case as corroborated by the clinical officer’s evidence.
“This therefore rendered the Appellant’s defence a mere denial in that regard which was in any event, clearly rebutted and disproved by the very strong and credible evidence availed by the prosecution,” the court document reads.
The judge noted that the case was obvious in that the man engaged in sexual intercourse with a minor, thus committing the offence of defilement notwithstanding that MC voluntarily and with her consent participated in the unlawful act.
In view of the aforementioned, the court revised the sentence, reducing some eight years.
“Consequently, the sentence is hereby set aside and substituted for a sentence of seven years imprisonment from the date of conviction,” the judgment reads.
The court’s verdict was delivered on October 9.