The alleged assailant Ayoyi Ayuga. PHOTO | BMS
The alleged assailant Ayoyi Ayuga. PHOTO | BMS


A lawyer explains why Patrick Ayoyi Ajunga may end up being a free man or charged less than Ksh. 5000 bailout. 


" As a trained Arresting Officer, lawyer, Prosecutor and an Expert witness let me point out few things on the trending video," the lawyer said. 


" I've seen people bitterly interpret the law, however, it's important to differentiate between the law and morality. i.e morally everything  about the video might be wrong, depending on our independent beliefs, " 


However, In law, it is very different and may only bring out possible accusations.  Here are 3 possible chargers; 

1. incest by a male person
2. Defilement
3. Publication of in inappropriate publication

First to note is that eating her is classified as a -Victimless Crime- ( is consensual in nature, there is arguably no true victim) it's only a Crime if it falls under s£xual offense act No.3 of  2006 (Kenya)

Under the s3xual act, if it's Incest by male~ father causes penetration with a female person who is to his knowledge his daughter is guilty of an offense termed incest and is liable to imprisonments of 10 years and if the girl is under age the man will have been sentenced for his lifetime. 

NOTE
If they are not related there's no case, there must be a complainant either the aggrieved or the state.


Under the act, defilement; A person who commits an act which causes p£netration with a child is guilty of an offense termed defilement. ( Its sentencing varies from 15 yrs imprisonment to life imprisonment depending on the age of the minor).



However, there's a defense for defilement; If the there proves that such child deceived the accused to believe she's over 18 yrs or if the accused reasonably believe that the child was of age (The burden of prove lies with the defendant)

3. Section 12 of CAP 222 Laws of Kenya states that no person shall exhibit any film at an exhibition to which the public is admitted or distribute such film unless he is registered as an exhibitor or distributor by the Board and issued with a certificate.


"For the trending video....as to my examination, if the accused is the father of the girl then whether she was willing or not she's liable of a crime and on that state is the complaint -charged with incest by a male under s£xual offense act, " the lawyer added.

On the defilement - we can't determine the age of the girl just by the look of the video, again the man can put a Strong defense on the conviction of the lady was of age he had to make up with the lady.


Whether minor or adult the girl behaves seems to enjoy the action and willingly gives herself in. The judge can dismiss defilement charges since the minor behaved like an adult and her submission is evident ( it has happened several in previous cases)


Under films and publication board they will be charged for publishing the video which has not been approved by the Board for sharing with the public. And may attract a Ksh 5000 or Ksh 10000 charge.


So if the accused is not the father of the girl, and defilement charges are dismissed under consent between the two then the man will only be charged with one offense, that's content publication.

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