Question
On 12 th December 2023, 15-year-old Penzi and her friend, 19-year-old Mjuaji, residents of Pahali Zuri, sneaked out of their homes to attend a party
On 12thDecember 2023, 15-year-old Penzi and her friend, 19-year-old Mjuaji, residents of Pahali Zuri, sneaked out of their homes to attend a party at the "Let Loose Club." While at the Club, they met Balozi, an 18-year-old man from Pahali Zuri. Balozi offered to introduce Mjuaji to his friend, 17-year-old Majuu. Penzi and Balozi have been romantically linked since 2023, often meeting in undisclosed places around the neighbourhood. Having paired, Mjuaji produced sachets of alcoholic drinks, which she had hidden in her handbag. The young men bought soft drinks from the club, which the four mixed with the alcoholic drinks out of sight of the club attendants. The couples proceeded to merry make until around 2:00 a.m., when Mjuaji announced that they should go to her house, assuring them that her mother was away at work and would be back over the weekend. The group trooped back to Mjauji's house. Once in the house, Mjuaji provided more alcoholic drinks and persuaded the group that they should cement their relationship and celebrate Penzi, who had completed Class 8, by having sex. Penzi and Balozi jumped at this idea, but Mjuaji had to convince a reluctant Majuu. After these events, Mjuaji swore them into secrecy.
On 15thJanuary, Penzi reported to form one at Bright Scholars School. The school required all form ones to undergo pregnancy tests. Penzi tested positive. Upon interrogation by her mother, she confessed to sneaking out and further alleged that when they went to Mjuaji's house, she declined to have sex with Balozi. She further stated that Balozi spiked her drink, and she woke up in the morning next to Balozi, and they were both naked.
Penzi's mother has reported this incident to the local police station. Askari, the investigating officer, has been tasked to deal with the case, and you have been assigned by Wakili, the Head of Prosecutions, to work with him.
1. Advise Wakili on the possible offenders and offences that might have been committed in kenya laws
18 Marks
2. Draft the Charge(s) identified in kenya laws
12 Marks
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