A Mpeketoni law court has sentenced the biological father to a 15 year old minor to 40 years in jail after it was proven that he defiled her.
In his judgment, Mpeketoni resident magistrate Pascal Nabwana read that the court was satisfied by the evidence on record that the accused,David Muthii defiled his younger daughter violated her right to dignity of a person as per Article 3 of the Maputo protocol.
"Most importantly he ran a foul,of Article 4 of the Maputo protocol that demands girls should have a right to quality,life,intergity and security of a person accordingly and by dint of section 215 of the [email protected] code( CPC) cap 75 of the law of Kenya the accused is hereby jailed for the offense of inc£st contrary to section 20(1) of the s£xual offenses Act",said the magistrate.
In reaching at its decision, the court heavily relied on the minor's evidence which it termed as believable. The minor was categorical that she was first defiled by her uncle known as Waweru and later by her father whom she positively identified in court.
In her testimony to court, she stated that on the day she was defiled the accused had given her Ksh50 for lunch and later at night the accused came in reminding her of the token in a manner she understood that she should pay for it with s£x.
"The following day once again at night he repeated the act of defiling her,she told court that both her uncle and the accused person defiled her on different occasions",said Nabwana.
The minor further narrated to the court,on how his biological father began by seducing her in a subtle way, he enticed her by telling her a story of a man who had a wife with two daughters just like their family and that the man and the wife had parted ways and it become incumbent upon the eldest daughter to take up the "wifely "duties of her mother who was absent.
"The father then suggested that rather than pay prostitut£s Ksh500 she would be better of being the recipient,"said Nabwana.
The accused has since denied several s£xual offences among them, inc£st contrary to section 20(1) of the s£xual offenses Act, committing an indecent Act with a child and deliberate transmission of HIV.
In mitigation the accused asked the court to consider his HIV status and hand him non- custodial sentence since he was sickly.