Republic v LRM (Children's Case 06 of 2013) [2013] KEMC 115 (KLR) (26 November 2013) (Judgment)
Neutral citation:
[2013] KEMC 115 (KLR)
Republic of Kenya
Children's Case 06 of 2013
PA Ndege, Ag. PM
November 26, 2013
Between
Republic
Complainant
and
LRM
Defendant
Judgment
1.The Defendant herein, LRM, was on 15.05.2013, charged with the offence of Subjecting Children to Early Marriage c/s 14 as read with section20 of the Children Act No. 8 of 2001. She denied that within the months of April and May, 2013 at Gwikonge sub-location in Kuria West district of Migori County, jointly with another not before the court namely RM, she wilfully and unlawfully subjected children namely, ASM and RM, 13 years to early marriage, hence causing them to drop out of Gwikonge Primary School in class 6.
5.One of the children, PW4, RM, informed the court that she met with the other boy child, FS, a son to the defendant herein, who simply greeted her. She thereafter found herself following him up to the neighbouring United Republic of Tanzania where they stayed in a marriage-like relationship.
6.Meanwhile her teacher PW1, Gesabo David, became aware of the said children marriage and decided to report the matter to PW3, John Langat, the children officer.
7.The matter finally reached PW5, NO. 9086711 SGT. Danson Mudhike of Kuria West, who went with PW1 and PW2, Jacob Kibokero Mwita, the school committee chairman, and arrested the defendant herein, mother A, the boy husband.
8.It is then common ground herein that the defendant travelled to Tanzania where the children herein were married and managed to bring back PW4, RM.
9.There was however no evidence that the defendant herein caused the said marriage. There was no evidence that she was aware of, participated in, or in any was encouraged the said marriage. She could only be said to have subjected the children herein to the marriage if at all there could have been evidence that she was aware of, participated or encouraged the said marriage.
10.The girl child herein, PW4, confirmed in her evidence that she met with the defendant's son and that she decided to follow her own. They did not go to the defendant herein. The defendant must have become aware of the marriage when she was arrested and that is why she decided to travel to look for her son and the girl child herein.
11.She should not therefore be found guilty of what she was not aware of.
12.I do hereby find her not guilty and consequently do hereby acquit her pursuant to the provisions of section 215 Criminal Procedure Code of the offence of Subjecting Children to Early Marriage c/s 14 as read with section20 of the Children Act No. 8 of 2001.
DATED, SIGNED AND DELIVERED AT KEHANCHA IN OPEN COURT THIS 26TH OF NOVEMBER 2013ALOYCE-PETER-NDEGEAG. PRINCIPAL MAGISTRATEIn the presence of;Court interpreter: MagigeCourt prosecutor: CI MachariaDefendant: Present