A man who defiled his 9-year-old stepdaughter and moments later beat her to conceal evidence, and further lied to doctors that she had developed Fistula has been found guilty of defilement.
Mpeketoni resident magistrate, Pascal Nabwana in his judgment said that prosecution had proved its case against the man identified by court documents as D.M.N beyond any reasonable doubt.
"According to section 215 of the criminal procedure code(CPC)cap 75 of the law of Kenya the accused is hereby convicted for the offence of defilement contrary to section 81(1)," he said.
Nabwana noted that in reaching his decision, he had considered evidence from both the doctors who treated the minor at the Coast General Hospital and police officer who investigated the matter that he had lied that his stepdaughter had developed fistula.
“There was no evidence that the young girl would incriminate his stepfather. Indeed the stepfather maintained that there was no defilement, and maintained that doum palm fruits (MIKOMA)a sweet fruit and highly concentrated in fibre had caused the hymen to break when the minor developed fistula complications coupled with constipation or the doctors at Mpeketoni interfered with the hymen while undertaking surgical review ,” he said in the judgment.
He further said that the minor's mother was on the spot after the court established that it was not disputed that she heard the victim screaming and found her seated on the accused person's bed. The minor was bleeding from her private parts.
“This should have caused an alarm to her mother. She instead proceeded to clean her up,” Nabwana observed.
The accused will be sentenced on July 22 this year.