Did you know? Taking out your friend’s child can land you in jail

 

Any person who kidnaps an individual is guilty of a felony and is liable to imprisonment for seven years Man to serve five years for failure to disclose the exact location he was taking a child

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Taking a child of your relative or neighbour could land you in jail.

And even with the parent’s consent, one has to take the child to the specific location and return at the time indicated to the parents or guardian.

Patrick Okoth Obwore can attest to this. He is to now serve five years in jail for the offence he is said to have committed on November 15, 2014.

Obwore visited a home where the daughter was staying and later informed the host that he wanted his daughter to escort him to Marenga beach along with her underage girl.

When the owner of the home woke up the following day, she found the two girls and Obwore missing and after waiting for hours, they did not return, forcing her to report the matter to the nearest police station.

Obwore was arrested and charged before Busia Senior Resident Magistrate Martha Nanzushi, where he pleaded not guilty.

The woman told the court that she did not object to the child escorting the man to the beach, but he lied about their destination.

The child testified in court that the man informed her that they were going to the beach but boarded a vehicle to his home at about 3am.

From his home, they then proceeded to Teso where they stayed for several days before returning home.

The court was told that while at Obwore’s home, the girl aged below 16, cooked and mopped the man’s house.

The magistrate sentenced the man to seven years imprisonment based on evidence adduced in court by prosecution witnesses.

Aggrieved by the sentence, Obwore moved to the High Court where he claimed the magistrate erred in sending him to jail.

High Court judge, Justice Kiarie Waweru said the prosecution proved the offence of kidnapping to the required standards but reduced the sentence to five years.

“He ought not to have been sentenced to the maximum penalty. I am persuaded to reduce the sentence to five years imprisonment,” the judge said.

Section 257 of the Penal Code provides that any person who kidnaps any person from Kenya or from lawful guardianship is guilty of a felony and is liable to imprisonment for seven years.