A man serving 20 years in prison for defiling his daughter three years ago got slight reprieve after the sentence was reduced to 15 years after he appealed at the High Court.
The accused was convicted afresh after he defiled his 15-year-old daughter, saying he wanted to confirm that she was a virgin.
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In her ruling, delivered on Monday Justice Hedwig Ong’udi said: “The body of evidence presented to court by the prosecution has proved the case of defilement beyond doubt.”
The judge said the girl, a Form Two student at a secondary school in Kakamega, would forever relive the bad memories of the shameful act committed by her father who was someone she had trusted most.
Justice Ong’udi said the girl had suffered psychological trauma from the acts of her father.
But she said she had decided to reduce the sentence on the grounds that the accused was his family’s sole bread winner.
APPROACHED HER
The court was told that the girl had been sent home for school fees when her father, who was alone at home, approached her to find out why she was not in school.
At the time, the girl was living with her father and step mother after her mother had passed on.
The court was told that the accused asked his daughter to bring him some water. She then left to go to her room to change from her school uniform.
As she was undressing, her father came into the room and insisted that he needed to check and confirm that she was a virgin.
She attempted to resist his advances but was overpowered and was too scared to raise alarm.
The accused warned her not to tell anyone about the ordeal after he sexually assaulted her.
When her step mother returned home, the girl told him what had happened but she got no help.
The girl decided to report the matter to the chief, leading to the arrest and arraignment of her father.