Busia MCA Arraigned In Court For Defiling 14-Year-Old

A Member of the County Assembly (MCA) was arraigned in court on Tuesday, September 26 after he was arrested in connection with the defilement of a 14-year-old minor.

The accused, Carlbenz Okonya, who represents Bunyala West in the Busia County Assembly, was arraigned before Busia Chief Magistrate Edna Nyaloti.

The Office of the Director of Public Prosecution (ODPP) confirmed the arrest and subsequent arraignment of the MCA in court, with the prosecution requesting that the bail and bond hearing be postponed by 14 days.

Photo of Carlbenz Okonya, who represents Bunyala West in the County Assembly, shared on January 11, 2022. /FACEBOOK

"The prosecution, through Faith Kaberia and Abraham Mumo, made an application to oppose bail and bond and requested that the bail and bond hearing be deferred for 14 days to allow the witness protection agency to assess and place the victim and her family under protection," stated ODPP

Okonya pleaded not guilty to the charges and will remain in custody pending a ruling on the prosecution application to be delivered on Thursday, September 28.

The MCA was arrested on Friday, September 22 in Bunyala Sub-county and placed in the custody of officers at the Port Victoria Police Station. 

“On 22/9/2023, MCA for Bunyala West ward in Bunyala Sub-county Hon. Carlbenz Okonya was arrested at Port Victoria Police Station for the offence of defilement.

"He was placed in custody pending to be arraigned before court on Monday 25/09/2023,” a police report seen by Viral Tea read.

According to the Sexual Offences Act of Kenya (2006), minors cannot consent to sex, thus any act of sex with a minor is deemed defilement, a strict liability offence, punishable by law.

The Act further states that a person who commits an offence of defilement with a child aged eleven years or less shall upon conviction be sentenced to life imprisonment, with the MCA running the risk of losing his seat if found guilty of the charges.

This provision in law was aimed at protecting minors against sexual abuse, especially by adults.

However, today, minors are having sexual relations with each other claiming consent and voluntariness. This is despite the courts maintaining a similar position to the law that a minor cannot consent to sex.

Consensual sex between minors is therefore unlawful.

This has left minors who are caught participating in consensual sex with each other charged with the offence of defilement and subjected to judicial proceedings.

A court gavel. /TWITTER