- Gikonyo said such actions are an infringement of the right of the child enshrined and protected in the Bill of Rights as well as international instruments recognised by Kenya.
- The judge said that Njapit seemed to be justifying his action and treated the teenage mother as his wife.
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An elderly man who married a 17-year-old girl in Narok will continue to serve a 15-year jail term after losing his appeal case.
High Court Judge Francis Gikonyo upheld a 15-year sentence against Denis Njapit and condemned men who marry underage girls.
In his judgement, Justice Gikonyo said the conduct of some men seducing and impregnating underage girls and converting them into their wives is unlawful.
“This is a long-life forcible confinement of a minor into undesired motherhood by the appellant. I repeat; you admire, marry and defile the prohibited- a child you will surely tremble in the right place; the prison, for a long time or life,” the judge said.
Njapit had appealed a decision by the trial court that found him guilty of defiling a 17-year-old girl in 2019.
The judge dismissed the appeal saying marrying a child is unconstitutional as well as a criminal act.
Gikonyo said such actions are an infringement of the right of the child enshrined and protected in the Bill of Rights as well as international instruments recognised by Kenya.
He added that it is criminal because the girl is exposed to sexual intercourse which will cause penetration with a child and which amounts to defilement contrary to the Sexual Offences Act.
“In these circumstances, a sentence of 15 years was quite lenient. Nonetheless, it is capable of acting as a deterrent measure on these debauchery sexual attacks on children," the judge said.
"Yet, giving him an opportunity to be reintegrated back into society and be a productive citizen. I, therefore, see nothing upon which I may interfere with the sentence imposed of 15 years’ Imprisonment. Accordingly, I dismiss the appeal on sentence."
The court noted that the minor was in school- in Std 6 and aged 17 years- yet, the appellant seduced her. As a consequence, the victim became pregnant, dropped out of school and the appellant started to cohabit with her as his wife.
The judge said that Njapit seemed to be justifying his action and treated the teenage mother as his wife.
In his defence, Njapit had claimed that the parents of the minor reported him because they were not happy with the dowry.