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Woman jailed for having sex with boy appeals 15-year sentence


Judith Khayosa Wandera, the woman jailed for 15 years on Wednesday for defilement has rejected the punishment and will be seeking to overturn it.

Ms Wandera’s lawyers Dome and Kedogo Advocates  on Thursday filed a notice to appeal the sentence at the High Court in Kisumu saying their client was dissatisfied with the 15-year jail term

Kisumu Deputy Registrar Pauline Mbulika confirmed to the Nation having received the notice of appeal.

“Judith Khayosa Wandera being dissatisfied with the judgement of the Principal Magistrate Ms Joan Wambilyanga dated May 23, 2018, intends to appeal to the High Court of Kenya against the whole  of the said judgement decision,” the lawyers said in the notice.

Her decision to appeal comes few hours after the sentencing to 15 years in prison of the 24-year-old woman found guilty of defiling a 16-year-old boy, elicited sharp reactions from residents of not only Kisumu but all over Kenya.

Some residents of Kisumu are now calling on Federation of women lawyers (FIDA) to act fast and appeal the ruling on behalf of the convict Judith Khayosa Wandera within the 13 days left, for her to have an opportunity of getting a review of the ruling made by the trial court.

SOCIAL MEDIA USERS

Immediately, the story was published on the Nairobi News website, opinion was divided with social media users expressing both satisfaction and disappointment with the judgement issued by the Principal Magistrate with a hashtag #justiceforjudith.

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Ms Wandera, was slapped with the 15-year sentence as she regretted how an innocent affair she had with a minor had condemned her to years in jail.

ADMITTED TO HAVING SEX

The 24-year-old woman few weeks ago stunned a Kisumu court after she admitted to having sex a minor.

Not even her claim that she was deceived by her lover’s appearance or they knew each other and had dated for over one year could make the court lenient to her. Her fate was sealed.

Ms Wandera was on Wednesday found guilty of defilement and intentionally performing indecent act with a minor contrary to Section 8 (I) of sexual offences Act No. 3 of 2006 and section 11 (I) of the respectively same Act.

Indeed, the Sexual Offences Act is one of the criminal laws in the country that provide for minimum sentences, rather than a maximum penalty, giving little room to judges to punish at own discretion.

Section 8 (1) of the Act says: “A person who commits an offence of defilement with a child between the age of sixteen and eighteen years is liable upon conviction to imprisonment for a term of not less than fifteen years.”