Kibera High Court has dismissed an appeal lodged by a father who was convicted after he was found guilty of defiling his daughter several times, upholding a 20-year sentence imposed on him by a magistrate for committing the indecent act with the minor.
Dismissing the appeal, Lady Justice Diana Kavedza–Mochache stated that it was lacking merit because he had no grounds, thus making it null and void.
“The appellant’s grounds of appeal are unsustainable. The trial court’s conviction is upheld, and the appeal on conviction fails,” Lady Justice Kavedza ruled.
Proportionate sentence
She further observed that the trial court lawfully exercised discretion considering the appellant’s role as the minor’s father and protector.
“The sentence is deemed lawful and proportionate. I therefore find no reason to intervene,” Lady Justice Kavedza ruled.
The man was sentenced to 20 years imprisonment for the offence of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006.
However, being aggrieved by the judgment, he filed an appeal challenging his conviction and sentence.
Challenged ruling
In his petition of appeal, he challenged the totality of the prosecution’s evidence against which he was convicted.
Further, he complained that the sentence was too harsh and excessive, urging the court to quash his conviction and set aside the sentence imposed.
Her daughter, a minor, in a sworn testimony stated that on several occasions her father attempted to defile her and caused her pain.
After the incident, the minor disclosed the happenings to her mother, teacher and friend, identifying his father as the perpetrator.
Cross-examination
During cross-examination, the daughter confirmed the acts took place on a bed, reiterating the pain she experienced, and affirmed that the father did it.
While testifying, the mother told the court that she typically left for work in the morning, returning at 5 pm, leaving the daughter under the care of her father after she returned from school.
Meanwhile, she recalled an incident where the father “disciplined” their daughter by pinching her nose with pliers.
On September 25, 2023, the mother noticed their daughter had withdrawn and was not bubbly, prompting her to ask her teacher to intervene and find out what was happening to her.
The teacher later sweet-talked the minor who disclosed repeated defilement by her father.
On getting back to the mother with the findings, she reported the matter to the chief, but the father vehemently denied the allegations.
One week later, the mother sought medical attention for her daughter at Tabitha Medical Clinic, which referred them to Nairobi Women’s Hospital.
During the hearing, John Njuguna from the Nairobi Women’s Hospital presented the court a history of incest after carrying out an examination on the minor on October 31, 2023.