A Mombasa court has sentenced a 42-year-old man to 40 years in prison after he was found guilty of the offence of defiling his 11-year-old daughter.
Mombasa Principal Magistrate Vincent Adet in his judgment said that the prosecution had proven its case beyond any reasonable doubt that Johnson Idia Muyoma had the tendency of defiling his own daughter and informing her that it was the evil spirits who visited her and did funny things to her.
"The court has established that the minor would wake up with unusual stunts, with pain in her vag*na and wetness and you would assure her that it was the devil who had visited her at night and did funny things and you further told her that the devil would come later on at night while indeed the devil was you," the judge said.
Adet noted that the doctor's report which was adduced before his court indicated that the minor had an injury on her v*gina, lacerations on the labia minora, and the hymen was broken.
"In as much as he is under no obligation to aid the prosecution in discharging the burden of proof, he has steered clear from the happenings of the alleged day and explains only how he was arrested, ostensibly oblivious that any mention of the dates would fix him," Adet noted.
"The accused is thus convicted for the offence of incest contrary to section 20 (1) of the Sexual Offences Act and pursuant to the procedural provisions of section 215 of the Criminal Procedure Code. Since the main count has been proved, the alternative rests in abeyance," he noted.
The particulars are that Muyoma defiled his daughter on diverse dates between December 23, 2021, and February 2, 2022, at Mji wa Ngombe area in Jomvu sub-county within Mombasa county.
He was allowed 14 days to appeal his sentence.
