The Federation of Women Lawyers in Kenya (FIDA) now says it is ready to facilitate legal proceedings against musicians DK Kwenye Beat and Hopekid should their alleged sexual exploitation victim pursue a legal route.
“FIDA Kenya is appalled to read about of the inhuman and degrading incidence to a young woman allegedly committed by @Dkkwenyebeat. It is disheartening that a section of the society is condoning the action. Statement by alleged perpetrators have also been brought to our attention,” said FIDA in a statement posted to Twitter on Friday, February 1.
“FIDA is reaching out to the young woman to offer legal support. With instructions from her, we will ensure that the perpetrators are arraigned in court. Such heinous crimes do not only warrant an apology but stringent measures. Violence against women must stop @fidakenya is calling upon the @ODPP_KE to investigate the matter,” said FIDA.
It remains unclear what grounds FIDA would rely on to file a strong case.
The legal body’s statement comes following uproar on social media after a young woman accused DK Kwenye Beat, whose real name is David Kilonzo, of infecting her with sexually transmitted diseases.
Should DK’s alleged sexual exploitation victim proceed to successfully implicate him for “intentionally infecting her with STDs”, DK Kwenye Beat would be staring at a possible15-year jail term.
The alleged victim, a Nakuru-based lady in her early twenties, claims that she met the musician online a few years ago, and they met a few months later in the singer’s home in Nairobi, where he had unprotected sex with her.
That, according to the lady, was the second sexual encounter with the musician.
DK Kwenye Beat has since come out to accept responsibility, claiming he engaged in “sin” at a time he hadn’t “seen the light”.
However, the singer, did not confirm or deny the lady’s accusations of having infected her with STDs.
The first time the two met and had sex preceded their second encounter by months.
The first encounter, according to the lady, DK Kwenye Beat was in the company of another gospel musician – Hopekid – who also allegedly got intimate with her. The men used protection on her during their maiden encounter.
Hopekid has also owned up to “his past mistakes” and like DK, also issued an apology.
However, after her second sexual encounter with DK Kwenye Beat, the woman claims she contracted Human Papilomavirus and Herpes, which forced her to part with at least Ksh.25,000 for treatment.
According to her, the musician was “fully aware that he was an STD-carrier”, when he was getting intimate with her.
Kenyan law stipulates grave punishment for people, who knowingly infect their partners with STDs, and most notably HIV.
Section 26(1) (c) of Kenya’s Sexual Offences Act says: “Any person who, having actual knowledge that he or she is infected with HIV or any other life threatening sexually transmitted disease intentionally infects another person with any sexually transmitted disease, shall be guilty of an offence, whether or not he or she is married to that other person, and shall be liable upon conviction to imprisonment for a term of not less than fifteen years but which may be for life.”
The law, however, says that the accused will be subjected to medical tests – and his medical history monitored – to prove the truth value in a plaintiff’s claims.
Section 26(2) of Kenya’s Sexual Offences Act says: “Notwithstanding the provisions of any other law, where a person is charged with committing an offence under this section, the court may direct that an appropriate sample or samples be taken from the accused person, at such place and subject to such conditions as the court may direct, for the purpose of ascertaining whether or not he or she is infected with HIV or any other life threatening sexually transmitted disease.”
It remains unclear whether the lady, who alleges that she was suicidal after learning of her STIs, would pursue legal channels.