03 November 2022

• The defilement was reported by the girl after the teacher noted she was distracted in class.

• A medical Doctor testified in court too and said that the minor’s genitals were penetrated.

A man accused of defiling his own daughter on several occasions two years ago has been jailed for 20 years.

QP was convicted by Kibera senior resident magistrate William Tulel after the prosecution called several witnesses who testified in the case.

The minor was 15 years of age and according to the prosecution, the accused person defiled his daughter on several occasions and the matter was exposed by the girl’s teacher.

According to the charge sheet, QR committed the offence on diverse dates between October 16 and December 13, 2019, in Riruta within Nairobi County.

He was charged with the second count of committing an indecent act with the child contrary to the sexual offences act.

According to the minor, who was the complainant in the case, the accused person defiled her after picking her up from the field where she was playing with other kids.

“I was playing with my friend when he called me to our house, my mother was away by that time. When I went there, he told me to remove my clothes and he removed his trouser too and defiled me,” she told the court.

She said that the accused person defiled her on different dates when the mother was away.

“My mother was not around. I don’t know where she used to go. My father defiled me on several occasions,” she told the court.

She said that one day while at school, her teacher realized that she was not concentrating and asked her why she was in such a state.

“My teacher question me on why I was not concentrating and I told her everything. She then called my mother to school and informed her of the same,” she said.

A medical Doctor testified in court too and said that the minor’s genitals were penetrated.

She said that the minor’s hymen was broken, and there was an old wound in her genitals.

She told the court that there was enough proof the accused person defiled the girl.

The accused person in his mitigation told the court that the mother of the children framed the case against him.

She told the court to give him another chance and promised not to repeat the offence.

He said that he has never committed another offence and hence he was not a criminal.

In his verdict, the magistrate said that the offence violated the rights of a child.

“The right of a minor was violated and the law is very clear on this, having considered the accused person's submission and mitigations, I sentence him to 20 years in jail,” he said.

He gave him 14 days to appeal if he wished to do so.