Justice Said Chitembwe appeared before the panel in the Justice Maraga's succession for Chief Justice position. He faced the acting CJ, Justice Mwilu (one of the panelists) who demanded to know why he set free, Martin Charo who was sentenced to 20 years imprisonment.
According to Sexual Offences Act, a child below 18 years cannot give consent to sexual intercourse. However, where the child behaves like an adult and willingly sneaks into men's houses for purposes of having sex, the court ought to treat such a child as a grown up who knows what he's/she's doing.
In his ruling he stated that;
"The appellant was 23 years old when the incident occurred as per the pre-bail report. It would be unfair to have the appellant serve 20 years in prison when person PW1 was after sex from him.
"Am not advocating for reduction of consent. As a judge you have to analyse what transpired. Age of consent is not an issue. Martin Charo's case is one whereby the man was dating the girl and the brothers knew where the girl was."
Justice Chitembwe, therefore, set free Martin Charo, 23, who had been sentenced to 20 years in prison for having sex with a 13-year-old.
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