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LAW ON DEFILEMENT: A TIME FOR REFORM

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Authored by Francis B. Joseph ABSTRACT Like some other African countries, Kenya has the legal age of consent at 18 years. The legal age of consent is a crucial facet of legal and social frameworks concerning sexual relationships. This has had the effect of restricting adolescent consensual sexual conduct. Legislation does not explicitly criminalize consensual adolescent sexual conduct. However, punitive approaches have been put in place to curb such conduct. Adolescents have therefore been subjected to violation of their rights. The laws put in place are not necessarily benevolent to the adolescents who it is designed to protect from harm. This article provides a comprehensive analysis of the legal age of consent in Kenya, examining the statutory frameworks on it and its effect on sexual relations among adolescents. Through a comparative lens, the article briefly looks into the legal age of consent in other African jurisdictions. By synthesizing these different aspects, thi...
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THE DOCTRINE OF LAST SEEN

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Joshua Kenga Arome  Photo credits;  People Daily February the 9th, 2024 saw Her Ladyship Lady Justice Grace Nzioka of the High Court give a long waited for judgment in the case of Republic v Joseph Kuria Irungu alias Jowie and Jacqueline Wanjiru Maribe , (High Court Criminal Case No. 51 of 2018) whereby the first accused was convicted of the offence of murder contrary to Section 203 as read with    Section 204  of the Penal Code. The second accused was acquitted of the charge in the absence of evidence connecting her to the alleged crime, however, not without the Judge directing the Office of the Director of Public Prosecutions to prefer another charge against her. What has sparked debate in various groups, laymen and legal intellectuals, is the doctrine of last person seen that served as what I would term the ratio decidendi of the judgment to find the first accused guilty of murdering one Monica Kimani. It seems the lawyers frowned upon the Judg...
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RECENT AMENDMENTS TO KENYA’S LEGISLATION REGARDING JUVENILES IN CONFLICT WITH THE LAW

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Authored by: Gloria Mihigo Kokugonza ABSTRACT Many times, we hear of how children have been infringed of their rights rather than of how children have infringed the law. After a careful look at children’s cases in Kenya, it is evident that children can find themselves in a tight spot with the law. This paper looks into a child offender and the implications of the law towards them.  INTRODUCTION Although children are granted legal safeguards due to their status as minors, they can still find themselves in conflict with the law. In certain instances, their actions can be severe, as exemplified by the tragic James Bulger case . [1] Children can be innocent lawbreakers, but does it mean we put them behind bars? No! Children need more protection than punishment. In the James Bulger case , a two year old was murdered by two boys of 10 ½ years each. The nature of the murder was indeed very cruel. The result of this case was that the two boys were detained during Her Majesty's...
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