Court has ordered the government to pay a teenage boy Sh200,000 over discrimination. [PHOTO/standardmedia.co.ke]
The High Court has ordered the government to pay Sh200 000 as compensation to a boy who was remanded together with adults.
The court ordered that the 17-year-old boy be released after spending a year in remand at an adult jail.
Justice Hellen Omondi ruled that the State had discriminated against the boy and abused his right to be treated as a child.
The minor was arrested for sleeping with his teenage girlfriend.
According to the judge, the boy was charged alone whereas according to the Sexual Offences Act, the boy could not have consent to sex basing on his age and therefore he too was similarly a victim of defilement.
She argued that the court should have charged both the boy and the girl for defiling each other.
“I find that the appellant was discriminated against on the basis of (his) sex in that he was charged alone but in reality, they both needed protection against sexual activities,” ruled Ms Omondi.
She said minors caught engaging in sexual acts needed to be counselled and not punishment.
“Does a boy under 18 years have the legal capacity to consent to sex? Haven’t both children defiled themselves? Shouldn’t both of them be charged or better still shouldn’t the Children’s Officer be involved? Preferably, a file for a child in need of care and protection ought to be opened for both of them,” she said.
“I think these are children who need guidance and counselling rather than criminal penal sanctions. I really think this kind of situation should be re-examined in the criminal justice system.”