Justice Chitembwe Defends Decision to Free 24-Year-Old Man Convicted of Defiling Minor
Justice Said Chitembwe, who is eying the Chief Justice post, has defended his controversial judgment where he freed a 24-year-old man accused of defiling a 13-year-old girl.
Chitembwe stirred controversy in 2016 after he freed 24-year-old Martin Charo, who had been sentenced to 20 years in prison by a lower court after he was found guilty of defiling a minor. He said it was wrong to punish the man when both were enjoying the relationship.
Speaking when he appeared before the Judicial Service Commission for an interview on the Chief Justice position, Chitembwe said he based his decision on practicality rather than the legal framework.
“When I write my judgment, I am not considering what the judge of appeal will say. I am ready to be criticized. In the said case, the lady (child) said she went to the man’s house, had sex with him, and went home, she was not defiled,” he told the panel on Monday.
He added: “I am not advocating for the reduction of consent. As a judge, you have to analyze what transpired. Age of consent is not an issue. Martin Charo’s case is one where he was dating the girl and brothers knew where the sister was.”
Chitembwe, who was the first candidate to be interviewed, argued that it is illogical to jail a 20-year-old man who impregnated a 17-year-old girl.
He posed: “You convict a 20-year-old boy while the 17-year-old girl he impregnated is crying, “where is my husband?” Do you look at the law and jail the boy or do you look at the girl who will be ripe for marriage in a year and her child?”
The Chief Justice post fell vacant following the retirement of David Maraga in January this year.
Other shortlisted candidates include senior counsel Fred Ngatia, Justice Nduma Nderi, Justice Marete Njagi, Prof Patricia Mbote, Justice Martha Koome, Alice Yano, Justice William Ouko, and Dr. Wekesa Moni.
Comments
How does a judge call a 13…
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How does a judge call a 13 year old child a 'lady'? I thought minors cannot consent simply because they Have not reached the age of consent... How did this dude even get shortlisted for this job??
This dude should be…
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This dude should be interpreting the law not making his own rules. How can he justify releasing a pedophile? He should not be a judge let alone a CJ, next.
Justice Said Chitembwe,…
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Justice Said Chitembwe, wacha UJINGA.
This was a baby, I don't care how big she was.
Your position on women's rights should be condemned.
You don't deserve to be the CJ.
But this is a mafia like government, a jubilee goon will take over.
Unbelievable.If it were his…
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Unbelievable.If it were his 13 year old daughter would he apply the same reasoning?
I would hate for this judge to preside over a case in which a woman is charge with raping a 13 year old boy.I can see Chitembwe arguing that the boy is"very lucky...adream/fantasy come true for the lucky boy".
Very unworthy candidate,even by standards of a Kangroo court.
The lower courts had it right. They applied the law correct,as they should in very court case.With Chitembwe's reasoning,one does not even have to go to school,least of with is law school. We cannot substitute law for our emotions,or what appears to be common sense to one individual.If the courts cannot protect our young and vulnerable who will? Vigilantism?
Such is our judicial system…
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Such is our judicial system. You convict a 20-year-old boy while the 17-year-old girl he impregnated is crying, “where is my husband?” Follow the law please.
If he can’t rule cases based…
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If he can’t rule cases based on the legal framework set up, then, he’s violating the Kenyan laws. Kenya statutory rape law is violated when an individual has consensual sexual contact with a person under age 18 - Period! The girl was only 13 yrs old!
I wondered how he passed law…
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I wondered how he passed law school. He is the kind of reasoning that “its okay to get a 12 year old pregnant as long as they consent to sex and want to be pregnant”...He is the same guy who ruled that the woman who was raped was at fault because she dressed in a miniskirt, she invited the rapist....SERIOUSLY?? Thats the kind of judges we have in Kenya’s judicial system.
You can justify anything,…
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You can justify anything, including murderer.
This man should have been fired a long time ago.
Time is ripe to vacate the…
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Time is ripe to vacate the ever changing position of fair justice and unjust weights. It's time for Africans to go back to their traditional form of justice and jury system.
We are at crossroads and that which is foreign does not work for our people.
We can write millions of laws that will be used in self interest or use our traditional laws that deter one even before they commit a crime.
Soon what is done in heaven will be done on earth and all man made laws and judges will be discarded. It's time for revelation and restoration!!
Kenyans should revenge for…
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Kenyans should revenge for the girl by stoning Chitembwe.The guy was a classmate to kina Raila,Wanjiru,Joho,Kabogo,Sonko,Waititu,Ngilu etc at KATOMWA(KamauToroitichMwai) Corruption University where they purchased their “degrees”.Sharad Rao sacked judge Muga Apondi who had sentenced muuaji Dalamere to eight months jail for killing a Kenyan mason.I also remember “judge”Harris who was sacked by expired muuaji Moi for fining a US navy guy shs 500 for killing a Kenyan lady.There is also “judge”Mutava who acquitted jambazi Pattine who stole billions from hungry billionaires.And don’t forget majambazi Wako and Tobiko who ATE KITU KIKUMBWA to let muuaji Raila & Co escape justice for cannibalising 1300 innocent Kenyans in 07/08 PEV.Remember muuaji Babu’s attempted murder case was “SWALLOWED” by BBI.
So it is okay for his 13 yrs…
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So it is okay for his 13 yrs old daughter to be sleeping with old men? Why wasn't he fired?
Walwa drinking,Uhuru should…
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In reply to So it is okay for his 13 yrs… by Kenya (not verified)
Walwa drinking,Uhuru should have appointed a commission to sack Chimendwe but he(waNgina) was busy bribing councilors with shs 2m each to pass BBI.
It is very likely that this…
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It is very likely that this guy has defiled many young girls in his life time making it impossible for him to convict in such a case. When a young man appears before him facing prison time for raping young girls, he sees himself through this defendant. Flash backs of his similar despicable acts confront him and he quickly purges himself by setting the criminal free. This man should be removed from all our courts. He does not follow the laid down law- he runs his own show their by hurting a lot of people by denying them their justice.
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