Man jailed for 30 years for defiling 5-year-old daughter

A Kibera court on Friday sentenced a man accused of defiling his own daughter to 30 years in jail.

The man had threatened to hit the five-year-old with a hammer if she revealed it to the mother.

PQ was sentenced by Kibera Senior Principal Magistrate Charles Mwaniki after the prosecution successfully proved the case against him.

The accused person is said to have committed the offence on March 18 at the Ananda Maraga area of Kangemi, Dagoretti Sub-county within Nairobi County.

He had been charged with an alternative of committing an indecent act with the child contrary to the Sexual Offences Act.

The accused person denied the charges and was released on bond.

While sentencing the accused person Mwaniki noted the offence was serious and the accused person violated the law of providing for the minor and the trust the child had in him.

“The offence was heinous and grave needs no emphasis. It is likely that it resulted in severe trauma and suffering for the victim and her mother.

“The delicate age of the victim and her mother. The delicate age of the victim, the abuse of trust and the threat of physical violence at the time of the offence are aggravating factors that call for retribution and deterrence in sentencing,” said Mwaniki.

Mwaniki noted that he considered both the prosecution and the defense evidence and sentenced him to 30 years in jail.

“After considering both the defense and the prosecution’s evidence, the accused person is therefore sentenced to 30 years in jail. He has 14 days to appeal the sentence if he wishes to do so,” said Mwaniki.

The minor had narrated to the court how his father defiled her.

She told the court that the accused person on the fateful day forced her to undress, defiled her and continued to watch TV that was in his sitting room.

She further testified that the accused person took a hammer and threatened to hit her if she dared to reveal to anyone what occurred.

“She inserted her thing in me and took a hammer and threatened to hit me if I dared to tell anybody, I was in pain after the incident,” she told the court.

Her mother also told the court how she learnt of the incident.

She said that she realised that her daughter had difficulties in walking and upon investigation; she realised that she had been defiled by the accused person.

The investigating officer in the case also testified in court and narrated on how she investigated the matter, arrested the accused person and arraigned him in court.

Medical documents that were tabled in court proved that the accused person committed the offence.

In his defense, the accused person told the court that the charges were fabricated and he had some personal issues with the mother.

He mitigated that he was the breadwinner of his family, a sickly man, and was remorseful.

The court however dismissed all his defense as weak and baseless.