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SECOND APPEAL TRASHED

Court upholds life sentence for man who defiled daughter

All three courts find that he was guilty of defiling his Standard 6 child in 2010.

In Summary

• Girl had gone to visit father and his family. She slept on a sofa where the man defiled her after coming home drunk. 

• Man and his wife started fighting before she ran out and locked him and his daughter in the house. According to the child, the man still defiled her as they were locked in.

Court
Court
Image: FILE

A man who defiled his Standard 6 daughter 10 years ago will spend the rest of his life in prison after the appellate court threw out his appeal.

This was the second appeal following rejection at the High Court.

He had asked the appellate court to set aside the sentence claiming that he never defiled his 13-year-old daughter.  

It was alleged that on diverse dates between September 15, 2010, and October 15 that year at Mwingi Township, he defiled a child who, to his knowledge, was his daughter.

Justices Wanjiru Karanja, Jamila Mohammed and Fatuma Sichale dismissed his appeal ruling that the prosecution had proven beyond doubt that he indeed committed the act.

“Consequently, we find no basis to interfere with the concurrent findings of the two courts below. The appeal on conviction lacks merit and is hereby dismissed,” the court ruled.

The judges noted that even though the father was a first-time offender and the sole breadwinner for his family, his actions were inhuman.

In the case, the prosecution had claimed that the accused had defiled his daughter on three different occasions before his wife caught him.

The child had allegedly gone to visit him on October 15 at the house he shared with the girl's step-mother and siblings.  

He reportedly returned later that night while drunk. She was sleeping on a sofa, while the wife and children slept in bed.

The court heard that in the course of the night, he complained that he was feeling hot and placed a mattress on the floor to sleep. He then attacked the minor and defiled her but she screamed, awakening her step-mother.

The man and his wife started fighting before she ran out and locked him and his daughter in the house.

According to the child, the man still defiled her as they were locked in. He was later arrested after neighbours who heard the commotion came to the house.

After arrest and upon examination on the day he was arrested, the report showed that he had scratch marks on his chest and neck,

However, he has maintained his innocence claiming that it was all a setup by his wife who did not like that his daughter had come to live with them.

Edited by R.Wamochie