Woman jailed for defiling 16-year-old boy appeals ruling
Judith Khayosa Wandera, the woman jailed for 15 years for defiling a 16-year-old boy, has accused the trial judge of misunderstanding evidence.
Ms Wandera on Wednesday appealed against the entire judgement by principal magistrate Joan Wambilianga, saying she erred in law and fact in convicting her. She was found guilty of defilement and intentionally performing an indecent act with a minor. She said an "innocent affair" earned her many years in jail.
Ms Wandera filed the appeal at the High Court in Kisumu through lawyer Bruce Odeny, who said the sentence was not backed by sufficient proof and that "irrelevant" factors were considered.
“Ms Wambilianga disregarded the statutory defence mounted by the appellant,” state the court records seen by the Nation.
“The learned magistrate generally misconstrued the law on un-pleaded issues and on evidence emanating in the course of trial."
The accused wants the appeal allowed and the May 23 conviction and sentence set aside, and substituted with an acquittal.
Ms Wandera, 24, stunned the court in May when she admitted that she had been having sex with a minor.
Social media users had varied reactions to the judgement. Questions included why the minor was not punished, whether he qualifies as one since he is a boda-boda rider and if this is a case of defilement if they had been in a relationship. Others called for a review of the age group for adulthood while some said the court should have been lenient since Ms Wandera admitted to having the affair.
The court said there was proof that the boy’s parents warned Ms Wandera. Judge Fred Ochieng said the case will be mentioned today.
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