DENIED CHARGE

Man gets 50 years for defiling year-old step-daughter

The court ruled that the prosecution had convincingly proven its case.

In Summary

• Since the victim was incapable of talking, the evidence was delivered through an intermediary - her mother.

• The accused denied defiling the year-old girl, claiming he did not know her.

Scales of justice.
DEFILEMENT: Scales of justice.
Image: FILE

A 20-year-old man has been jailed for 50 years for defiling his one-year-old step-daughter.

The man was convicted of sexually assaulting and indecently touching the baby’s private parts in Mandera's Darkale village, Banisa subcounty. 

Magistrate Kimani Mukabi said the prosecution had proved beyond reasonable doubt that the man defiled the baby on March 11, 2020.

 

Since the victim was an infant incapable of talking, Mukabi allowed for the baby’s evidence to be delivered through an intermediary - her mother.

The mother testified that she was in the kitchen preparing dinner at about 8pm when she heard the baby screaming from the main house.

She had left the baby sleeping in the main house. Her husband and a three-year-old child were also in the house.

According to court documents, “she testified that her baby’s cries attracted her and when she rushed into the main house, she found the baby bleeding from her private parts”.

She said she saw her husband walk into the toilet immediately she went to check on her crying child.

The baby was rushed to Banisa sub-county hospital, from where she was referred to Mandera County Referral Hospital. The child was admitted to the referral hospital for a fortnight.

The mother maintained there were only three people in the main house – the baby, her three year-old-son and her husband.

 
 

The accused denied defiling the child, insisting he did not know her and had no recollection of the events of that day.

Jones Muia, the arresting police officer, told the court that the accused was found hiding in the Darkale neighbourhood.

In his ruling on Friday, the magistrate said the prosecution had overwhelmingly proved that the step-father defiled the child.

“The chain of events as proved by the prosecution was corroborated and cogent to place the accused at the scene,” he said.

Edited by A.N

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