Mwanafunzi wa form 4 anayesubiri majibu akipata mimba ,je huyu ni mwanafunzi ?

Kichenje

Member
Dec 13, 2011
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Mwanafunzi aliyemaliza msomo ya kidato cha nne anayesubiri majibu yake amegundulika na mimba ya miezi minne.wazazi wanakusudia kuchukua hatua za kisheria dhidi ya mtia mimba.
 
Under the Education (Imposition of Penalties to persons who marry or impregnate a school girl) Rules of 2003 made under the Education Act Cap 353 R.E 2002, a school girl includes a secondary school girl. The said law inflicts a fine of not less than one hundred thousand shillings or a sentence not exceeding two years in prison to both a parent and any person who aids or abates or marries a school girl and a custodial sentence without option of fine to the person who impregnates such a girl.

Shule ya Sekondari mwisho Form VI. So akifaulu bado ni mwanafunzi, omba afeli.
Inapokuwa bint huyo ni below 18 yrs hapo ndugu utapotea. hapo ni kama umebaka, consent yake ni immaterial. Sheria inasema;
katika fungu 130 Kanuni ya Adhabu (Penal Code)

(1) It is an offence for a male person to rape a girl or a woman.
(2) A male person commits the offence of rape if he has sexual intercourse with a girl or a woman under circumstances falling under any of the following descriptions:
(a) not being his wife, or being his wife who is separated from him without her consenting to it at the time of the sexual intercourse;
(b) with her consent where the consent has been obtained by the use of force, threats or intimidation by putting her in fear of death or of hurt or while she is in unlawful detention;
(c) with her consent when her consent has been obtained at a time when she was of unsound mind or was in a state of intoxication induced by any drugs, matter or thing, administered to her by the man or by some other person unless proved that there was prior consent between the two;
(d) with her consent when the man knows that he is not her husband, and that her consent is given because she has been made to believe that he is another man to whom, she is, or believes herself to be, lawfully married;
(e) with or without her consent when she is under eighteen years of age, unless the woman is his wife who is fifteen or more years of age and is not separated from the man.

ADVICE: Jamani hebu waacheni watoto wa watu wasome, msiwachakachue. Utajisikiaje pale mdogo wako akipatwa na mkasa huo?
 
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