21 year old mjengo worker charged with rape for marrying 16 year old girlfriend

Simon Mutuli Mwaka, a 21-year-old mason, is facing defilement charges after marrying a 16-year-old girl. The alleged offense occurred on November 26th at Mwaka’s home in Tassia estate, Embakasi.

Mwaka is accused of violating two sections of the Sexual Offences Act (SOA) of 2006:

• Section 8(1)(4): Defilement of a girl under the age of 18.
• Section 11(1): Committing an indecent act with a minor, which involves touching their private parts without consent.

According to court documents, Mwaka met MKK, the minor, through her mother’s phone and the mother was aware of their relationship. After completing primary school last year, MKK chose to marry Mwaka instead of enrolling in secondary school. They left Kitui together and traveled to Nairobi.

Upon arrival, Mwaka informed MKK’s mother about their marriage and MKK confirmed it. The mother reported the situation to MKK’s father, who then involved the area chief and local authorities.

Following an investigation, Mwaka was arrested at his residence where he was found with the minor. Medical examinations at Mama Lucy Kibaki Hospital confirmed the defilement.

In court, Mwaka claimed MKK wanted to drop the charges, but the court clarified that as a child, she cannot do so. Mwaka pleaded not guilty and was released on a surety bond of Sh150,000.

This case highlights the ongoing issue of child marriage and exploitation in Kenya. Despite the law prohibiting defilement, young girls like MKK remain vulnerable. The legal process will determine Mwaka’s guilt or innocence, but the situation underscores the need for stronger protection and support for children in Kenya.