Bizzare: Court Overturns Rape Sentence Against Boda Boda Man

Meru High Court has reversed a 15-year Jail term imposed on a boda boda rider who married a 16-year-old girl, claiming she misled the man into believing she was an adult.

According to Justice Thripsisa Cherere, the girl acted like an adult and there was no sign she was under the age of 18 when she consented to marry Mr Mohammed Hussein.

The judge remarked that the two had openly lived as husband and wife when ruling on an appeal filed by Mr Hussein, who had been convicted of defilement.

Justice Cherere emphasized that the girl stated that Mr Hussein paid a visit to their house on December 16, 2018, where they spent the night and participated in sexual conduct.

She voluntarily returned to Mr Hussein’s parents’ home in Isiolo the next day and was introduced as his wife, and they continued to live together while having sexual encounters.

The girl’s father, accompanied by police, later stormed the house and arrested the couple.

The girl was taken to the hospital for assessment, where it was discovered that she was 16 years old and had an old ruptured hymen.

Mr Hussein was then charged with defilement as well as conducting an indecent act with a minor.

Mr. Hussein informed Isiolo Chief Magistrate Lucy Mutai during his defense that he was jailed after failing to raise the Sh250,000 that the girl’s father demanded.

He informed the court that the girl, who is now 20, gave birth to a baby boy in December 2019.

Ms Mutai, on the other hand, decided on November 16, 2021, that the prosecution had proven Mr Hussein was guilty of defilement and sentenced him to 15 years in jail.