Defiler walks ‘free’ on age technicality
A man who had been jailed for 15 years for defilement has been freed by a court citing a negligible age difference with the girl.
At the time of the crime, which led to the girl’s pregnancy at 16, the man, Chaniro Mgandi Dziwe, was 19 years old.
On January 12, the High Court set aside the sentence that had been imposed on Dziwe by a magistrate’s court in Kwale and substituted it with a probation order for three years.
Justice Kiarie Waweru ruled that the case called for a different approach other than applying the sentence “mechanically”.
“The complainant and the appellant were in the same school and I’m persuaded to believe that their age difference was negligible, the appellant having attained the age of majority before the complainant notwithstanding,” said Justice Waweru.
The judge noted that at the time the appellant, Dziwe, tendered his defence, he said he was 21 years old and in Standard Eight at a primary school in Kwale County.
“This was not disputed and renders credence to the complainant’s assertion that they were schoolmates, this would mean that at the time of the offence, he was 19 years old,” said Justice Waweru.
According to the prosecution, between April 2019 and December 2019 within Kinango sub-County, Dziwe defiled the girl, identified as KK in court papers, a child aged 16 years.
The decision by the High Court followed an appeal by Dziwe against the magistrate’s decision on both conviction and sentence.
He argued that the trial magistrate erred in law and fact by not considering that there were contradictions and discrepancies in the prosecution’s case.
Dziwe also argued that the magistrate erred in failing to consider that the prosecution had failed to prove its case beyond reasonable doubt and in failing to consider that the evidence of a doctor was not consistent with that of the complainant.
The appellant also argued that the magistrate erred by failing to consider the defence and his mitigation.
The State, through the Director of Public Prosecution, opposed the appeal, arguing that the prosecution had proved the offence to the required standards.
In her evidence at the trial court, KK testified that she had been Dziwe’s girlfriend since April 2019 and that both went to the same school and she referred to the appellant as her husband.
The complainant was examined by a clinical officer on December 30, 2019, and was found to be pregnant, the court heard.
After delivery, the court was told that a DNA test confirmed that there was a 99.99 % chance that Dziwe was the father of the complainant’s child.
The court heard that the complainant did not have a certificate of birth but her age was medically assessed at 16 years.
The High Court noted that the prosecution adduced evidence that proved its case against the appellant beyond any reasonable doubt but noted the case called for a different approach.
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.