A 45-year-old man from Kwale was on Wednesday, January 31 sentenced to life imprisonment for defiling his 13-year-old daughter contrary to Section 20(1) of the Sexual Offences Act No. 3 of 2006 in the constitution of Kenya 2010.
The man was also convicted of an indecent act, contrary to Section 11(A) of the Sexual Offences Act No. 3 of 2006.
In a statement on Thursday, February 1, the Office of the Director of Public Prosecution (ODPP) noted that the accused committed the act on different dates between January 2019 and March 2023 at Nyacha village in Taru, Kwale County.
The Prosecution Counsel Annette Wanjohi presented five witnesses including the minor before the Mariakani Senior Resident court during the trial.
After taking consideration of the witnesses’ testimony and evidence provided, the court established the prosecution’s case beyond reasonable doubt.
According to the ODPP, magistrate Olivia Koranje dismissed the accused defense that he was framed by his wife as baseless.
The senior magistrate also added that the medical report concurred with the testimonies of witnesses.
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“Mariakani Senior Resident Magistrate Hon. Olivia Koranje dismissed the accused defense that he was framed by his wife as baseless, since the medical report concurred with the testimonies of witnesses,” a statement by the ODPP reads in part.
Prior Arrest
In addition, as the trial progressed, it emerged that the accused had been convicted previously and served a five-year jail-term for sodomizing his wife.
This happened between 2010 and 2015.
As such, Koranje held that the accused’s behavior did not change despite his previous conviction and sentence, hence 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 sodomizing his wife,” ODPP noted.
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Defilement cases
Cases of defilement have become rampant in current society.
In a separate incident, Senior Mombasa Resident Magistrate David Odhiambo ruled that there was compelling evidence to convict and jail Isaac Juma Odhiambo who was also accused of defilement.
The ODPP disclosed that the accused committed the offence on diverse dates between the months of March and November 2021 at Kibarani area of Jomvu Sub County within Mombasa County.
