A 36-year-old man has been jailed for fifteen years by a Kericho court after he was found guilty of defiling his teenage daughter.
Kericho Resident Magistrate Aziza Ajwang convicted Hillary Kipngetich Kikwai for defiling his 17-year-old daughter on 2nd March 2022 at Chepsir village in Londiani sub-county of Kericho.
Kikwai also faced an alternative charge of committing an indecent act with a minor knowingly that she was his daughter, an offence he denied committing.
The court heard that on February 28th 2022, the complainant a class seven pupil went to visit the accused at his home in Chepseon and on March 2nd at around 11pm while the complainant was asleep with her step mother on the same bed, the accused approached the two.
The accused ordered his wife to move out of the bed and vacate from the room before locking the door.
Kikwai then undressed completely and got into the bed warning his daughter not to move out and removed her inner wear before having unprotected sex with her while covering her mouth.
The court heard that at around 5.30am in the morning, the accused opened the door and the complainant left and headed straight to see her grandfather to whom she reported the matter.
The matter was reported at Chepseon police station, the accused was arrested and charged with the offense. The minor was taken to Londiani sub-county hospital where she was examined and treated.
A clinical officer who examined the complainant told the court that sexual activity had indeed taken place.
A P3 form produced in court showed that it was satisfactorily evident that recent sexual activity took place as seen from the lab results of numerous epithelial cells seen.
In his defense the accused gave an unsworn statement saying he was not at home at the time of the incident but was at Chepseon center with his brother and failed to state his whereabouts the previous night when the incident took place and did not provide any alibi.
In his mitigation, Kikwai told the court that he had other children whom he was taking care of and pleaded for a non-custodial sentence.
However, the resident magistrate found the accused guilty and handed him 15 years in jail.
“Having seen the complainant testify and the clarity of her mind in giving her narration and further corroborated by medical evidence, I find her evidence truthful. The accused person having been confronted with the prosecution evidence on recognition and being present at the scene did not cast any doubt that he was in the house where defilement took place.
If he had an alibi defense to the offence nothing could have been easier than providing such particulars in his defense. I find that the prosecution has sufficiently proved that the accused person committed the offence of incest contrary to section 20 of the Sexual Offences Act and is accordingly convicted of the said charges,” said Ajwang.
The court gave the accused his right to appeal the sentence within 14 days if dissatisfied.
