Man to serve a 10-year jail term for defiling daughter
View of Kithimani Law Courts. Photo/Gastone Musyoka
A Magistrate's Court in Kithimani, Yatta sub-County in Machakos has sentenced a man to serve 10 years in jail for defiling his daughter.
The convict was on Thursday sent to jail for the indecent act of touching and penetrating the private parts of a 17-year-old girl knowing very well she was his daughter.
Four(4) witnesses testified that between December 2022 and December 23, 2023, at Kitheuni village in Yatta, the man defiled the said daughter.
The court heard that on several occasions, the accused defiled his daughter at their home in Kitheuni in the absence of her mother who did not stay with them.
Her aunt, who stays in Nairobi, later discovered the violation and took the child to undergo a medical test.
During the examination, the medic found that the victim had an old torn hymen.
On cross examination, the medic said he could not tell when the hymen was broken since he examined her a month after the reported incident.
In his defense, the accused stated that the child had been forced to implicate him and that “all this was due to family differences.”
However, the credible evidence of the victim who narrated the various incidents of cruelty, harassment, and defilement in the hands of the accused implicated him, read the judgment delivered by Principal Magistrate Paul Wechuli.
“Her evidence was corroborated by her aunt who came to hear of the offence when she went home in December 2023. Later the girl opened up and admitted that the accused had defiled her,” said the magistrate.
The accused had been charged with the offence of incest contrary to section 20(1) of the Sexual Offences Act as the main count.
