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Judicial CP - August 2002

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Daily Nation, Nairobi, 15 August 2002

Two Jailed Over Forced Marriage

A father and a prospective husband have been jailed for four years for detaining a 12-year-old girl. They were also fined Sh40,000 each for trying to force her into a marriage.

Karisa Mfaume and Kenga Bawa were convicted by a Malindi court on Tuesday. The magistrate also ordered that they each receive six strokes of the cane.

They allegedly committed the offence on diverse dates between May 2001 and February 8, 2002 at Sosobora village in Lango Baya Location in Malindi District. The accused were said to have jointly detained the girl with intent that she has carnal knowledge with a Mr Randu Mfaume.

The complainant said that her father, Kenga Karisa Bawa (second accused) was given 13 goats worth Sh13,000 as dowry but nobody told her about the supposed marriage.

Two weeks after receiving the goats her father forced her to go to "her husband" where Mfaume wanted to sleep with her but she refused, she narrated.

She ran away to her father's home, but on arrival, she was punished by her father and ordered to return to the 'husband'. She instead reported the matter to area chief on February 6, 2002. Both accused was [sic] then arrested.

In mitigation, the accused pleaded for leniency saying they were the sole bread winners for their families.

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