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TEENAGE SEX: MINORS WHO ENGAGE IN SEX COULD BE SENTENCED FOR ‘DEFILING’ EACH OTHER

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What happens when minors engage in consensual sex in Kenya? In a landmark ruling High Court Judge James Makau has ruled that in such case both the girl and boy should be charged with defilement.

The judge made the finding in an appeal where a 16-year-old primary school boy had been sentenced to 15 years jail sentence for defiling a 17-year-old girl.

The judge termed the sentence as discriminatory as the magistrate had issued a 15 year imprisonment to the boy, yet they were both minors and could not legally under Kenyan law, consent to sex.

He further pointed out since the girl was older than the boy, the blame should have been equally apportioned and both charged with defiling each other.

“I find that the appellant was discriminated against on the basis of gender in that he was arrested and charged instead of the prosecution charging both the complainant and the appellant for the offence of defilement,” said Justice Makau.

The boy was charged with the offence in October last year. He also faced an alternative charge of committing an indecent act with a child.

According to court records, the charge happened for three days between October 18 and October 21 last year. After the charge, the boy admitted to having sex with the girl and the magistrate slapped him with 15-year sentence on his own plea of guilty.

The state conceded to his appeal as the Standard seven pupil complained of being intimidated and confused during the reading at a lower court.

The judge said it was illegal to condemn the boy, adding that both the accused and the complainant ought to have indeed been placed under counseling to change their behavior

‘’It is an illegal sentence, and should not have been imposed against the appellant at all. I find no justification of the trial court in imposing a sentence against the appellant to serve 15 years for an offence of defiling a girl who was is older than the appellant as she was 17 years old”

The judge squashed the sentence and ordered that the boy be placed under probation for 6 months. By the time of release, he had already spent 6 months in prison.

According to data at Milimani Children Courts, 41 cases of sexual offences by minors were registered between 2012 and 2015. Child Helpline had 116 cases with 30 girls under 18 years confessing to being abused by their brothers. The court registers showed that 2015 had the largest number of recorded defilement cases.

There has been calls to amend the age of consent from 18 years to 16 .

Source: The Standard

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Cover Story

Elizabeth Nzisa: The Firstborn Who Became a Mother Overnight

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While most teenagers spend their days focused on school, friendships, and dreams for the future, Elizabeth Nzisa, fondly known as Shiku, was forced to grow up much faster than she ever imagined. At only 17 years old, she found herself taking on the role of a mother to her three younger siblings after her family was hit by tragedy not once, but twice.

Her story, shared in an emotional interview, is a powerful reflection of strength, sacrifice and the deep bond between siblings. Elizabeth recalls the moment her life changed completely. Her mother died while giving birth to their youngest sibling, a baby boy. In the middle of that painful loss, their father walked away from the family, leaving Elizabeth alone with a newborn and two other young children to care for.

Mama yetu alipass 2024, Feb. Alipass akipata haka katoto kadogo. Dad naye akatuacha akaenda

 

Becoming a Mother Too Soon

She explains that she had no choice but to step up and become the parent in the house. She raised her youngest brother from the day he was born, and to this day he calls her mum, not knowing she is actually his big sister. That detail alone shows how much responsibility she carried at such a young age. She became the provider, the protector, the caregiver, and the emotional support for her siblings while she was still trying to understand life herself. With little help from relatives, Elizabeth had to find ways to survive, balancing school when she could, doing small jobs and making sure her siblings were fed, safe and loved.

The journey was not easy. She faced financial struggles, emotional exhaustion, and the pressure of trying to stay strong even when she felt overwhelmed. There were moments when she doubted herself and wondered if she was doing enough. Still, her story is not about defeat. It is about endurance. Elizabeth talks about finding strength through faith, support from the people around her, and the determination to keep her family together no matter how hard things became.

Over the years, she made sure her siblings stayed in school, had food on the table, and grew up feeling loved despite everything they had lost. What could have been a completely broken home became a family held together by her sacrifice and commitment.

Many viewers reacted emotionally, saying the story moved them to tears. Some described firstborn daughters as second mothers, while others said her life shows the kind of courage people rarely see but should never forget.

 

Click here to read our March issue 2026

Continue Reading

Cover Story

Elizabeth Nzisa: The Firstborn Who Became a Mother Overnight

Published

on

While most teenagers spend their days focused on school, friendships, and dreams for the future, Elizabeth Nzisa, fondly known as Shiku, was forced to grow up much faster than she ever imagined. At only 17 years old, she found herself taking on the role of a mother to her three younger siblings after her family was hit by tragedy not once, but twice.

Her story, shared in an emotional interview, is a powerful reflection of strength, sacrifice and the deep bond between siblings. Elizabeth recalls the moment her life changed completely. Her mother died while giving birth to their youngest sibling, a baby boy. In the middle of that painful loss, their father walked away from the family, leaving Elizabeth alone with a newborn and two other young children to care for.

Mama yetu alipass 2024, Feb. Alipass akipata haka katoto kadogo. Dad naye akatuacha akaenda

 

Becoming a Mother Too Soon

She explains that she had no choice but to step up and become the parent in the house. She raised her youngest brother from the day he was born, and to this day he calls her mum, not knowing she is actually his big sister. That detail alone shows how much responsibility she carried at such a young age. She became the provider, the protector, the caregiver, and the emotional support for her siblings while she was still trying to understand life herself. With little help from relatives, Elizabeth had to find ways to survive, balancing school when she could, doing small jobs and making sure her siblings were fed, safe and loved.

The journey was not easy. She faced financial struggles, emotional exhaustion, and the pressure of trying to stay strong even when she felt overwhelmed. There were moments when she doubted herself and wondered if she was doing enough. Still, her story is not about defeat. It is about endurance. Elizabeth talks about finding strength through faith, support from the people around her, and the determination to keep her family together no matter how hard things became.

Over the years, she made sure her siblings stayed in school, had food on the table, and grew up feeling loved despite everything they had lost. What could have been a completely broken home became a family held together by her sacrifice and commitment.

Many viewers reacted emotionally, saying the story moved them to tears. Some described firstborn daughters as second mothers, while others said her life shows the kind of courage people rarely see but should never forget.

 

Click here to read our March issue 2026

Continue Reading

Cover Story

Endometriosis and sex: How to make intimacy pain-free

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There is no doubt that endometriosis can affect a woman’s way of life. The condition slews a couple of conditions, painful sex being one of them. Penetration pulls and pushes any tissue growth behind the vagina and lower uterus.

Although symptoms may differ from woman to woman, here are some things you can do to lessen your pain and ensure you have some good time:

Take a dose of painkillers

Take an over the counter painkiller that sits well with your body before intercourse and incase pain persists, take another one as prescribed.

Track your cycle and try at certain times of the month

Most women with endometriosis experience excruciating pain during their period and ovulation. Keep track of your cycle so that you can know when you are ovulating. You can use apps like my calendar and flo period tracker to track your periods. This will help you know when best to engage in sexual intercourse.

READ ALSO: Crucial Facts About Endometriosis Everyone Should Know About

Use lube

Vaginal dryness is not something to be ashamed of and if you happen to have it, lube should be your best buddy. Make sure to use any silicon or water based lubricant anytime you feel like your vagina is dry. Ensure the application is of good amount to achieve a wet area.

Explore alternatives

Talk with your partner about things that turn you on and bring you pleasure. Just to mention a few; mutual masturbation, foreplay, kissing and mutual fondling. Sex does not have to mean intercourse.

Try different positions

Experimenting different positions can teach you and your partner which ones hurt and the ones that bring direct pleasure with no or less pain. Positions that are considered better vary from person to person so take the time to explore and learn yourself with your partner.

Find the right rhythm

Finding the right rhythm can help you experience less discomfort during sex. Quick thrusting or deep penetration can aggravate pain. Talk to your partner about that which you do not like and find ways that will satisfy the both of you like exchanging positions so that you can control the speed and rhythm.

Bottom line

Intimacy does not have to be boring, painful or make you hate the condition that you have. Talk openly about your feelings around sex and penetration and what would help to ease your concerns.

Our FREE  e-paper March Issue is here!
As we celebrate our women this month, we bring you the best stories and the most inspiring features to get you going.
Click HERE to read!

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