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www.corpun.com   :  Archive   :  2001   :  KE Judicial Oct 2001

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KENYA
Judicial CP - October 2001



Corpun file 8173 at www.corpun.com

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Daily Nation, Nairobi, 30 October 2001

Businessman to be caned for assault

A businessman yesterday got a stiffer penalty from the High Court than he had received from a lower one for assault.

Kutbudin Mohamed Ali, a Mombasa businessman, was fined Sh30,000 or two years in jail and four strokes of the cane for assaulting a former magistrate and a court broker.

However, he will receive the strokes whichever option he prefers.

Mombasa Judge Andrew Hayanga set aside a two-month sentence by a lower court and instead imposed the two-year custodial sentence and four strokes.

Ali assaulted Mr Mohammed Jaffer Jagani, a former magistrate, and his brother, Mr Mohammed Hussein Jagani, an auctioneer.

Imposing the sentence, Mr Justice Hayanga said the culprit had attacked "an auctioneer complying with the law".

The stiffer sentence followed an application by the Attorney-General. The court was told the culprit had gone to the auctioneer's office and asked why a distress fee had been levied on him.

Ali left and returned with an iron bar and attacked the two brothers. He was charged in a lower court where he pleaded guilty. He was fined Sh5,000 or two months' jail in default.




Corpun file 8174 at www.corpun.com

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Daily Nation, Nairobi, 30 October 2001

Whip in public men who marry schoolgirls, says Minister

By Kauli Mwatela

Men who marry schoolgirls should be whipped in public, Energy Minister Raila Odinga has proposed.

Mr Odinga asked Kwale District Commissioner Stephen Kipkebut to arrest such offenders and cane them at barazas. Marrying off of underage girls is widespread in the district and Mr Odinga condemned it as "archaic and pathetic".

"Mr DC, you are the best person to end this outdated slavery. The only way to end this brutality against schoolgirls is to arrest and whip the men involved in public," Mr Odinga added.

Earlier, local MPs Simeon Mkalla (Kinango) and Marere Wamwachai (Msambweni) and the DC expressed concern at rising cases of early marriages.

The leaders said the practice was to blame for the district's deteriorating education standard.

The DC told chiefs to be tough with culprits, warning that they would be sacked if they tolerate it. Parents, he said, would be prosecuted.

He reported that the Government had rescued five girls who had been married off.

Mr Odinga's caning proposal drew support from Ms Mariam Matano (nominated, NDP) and Ganjoni councillor Margaret Olang.

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