Man,45, gets life sentence for defiling 13-year-old daughter

He was also convicted of an indecent act, contrary to Section 11(A) of the Sexual Offences Act

In Summary
  • The man was also convicted of an indecent act, contrary to Section 11(A) of the Sexual Offences Act No. 3 of 2006.
  • To prove its case, the prosecution through Counsel Annette Wanjohi presented five witnesses, including the minor.
Ruling
Ruling
Image: The Star

A 45-year-old man has been sentenced to life imprisonment for the offence of incest against his 13-year-old daughter.

This is contrary to Section 20(1) of the Sexual Offences Act No. 3 of 2006.

The crime attracts imprisonment for a "term which shall not be less than five years but which may be enhanced to imprisonment for life".

The man was also convicted of an indecent act, contrary to Section 11(A) of the Sexual Offences Act No. 3 of 2006.

Section 11(A) of the Act states that " Any person who commits an indecent act with an adult is guilty of an offence and liable to imprisonment for a term not exceeding five years or a fine not exceeding fifty thousand shillings or to both".

Meting out the sentence, Magistrate Olivia Koranje criticised the accused for not changing his behaviour despite his previous conviction and sentence.

This played a part in warranting the court to grant him the length of his sentence.

During the trial, it emerged that the accused had been convicted and jailed for a five-year jail term between 2010 and 2015 for sodomising his wife. 

After his release, the man went on to commit the offences against his daughter on diverse dates between January 2019 and March 26, 2023, at Nyacha village, Taru location within Kwale County.

To prove its case, the prosecution through Counsel Annette Wanjohi presented five witnesses, including the minor.

After the conclusion of the trial, Magistrate Koranje held that the evidence allied before the court established the case beyond reasonable doubt.

She dismissed the accused defence that he was framed by his wife as baseless, observing that the medical report presented concurred with the testimonies of witnesses.

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