A Kwale court has sentenced a 24-year-old farmer to life imprisonment after finding him guilty of committing incest with his five-year-old niece.
Delivering judgment, Resident Magistrate Ruth Ogolla ruled that the prosecution had presented overwhelming evidence against the accused, noting that six witnesses gave consistent testimonies that painted a grim picture of the crime.
“The accused did not only steal the minor’s innocence but left a long-lasting psychological scar in her mind,” Ogolla stated.
The prosecution, led by Assistant DPP Collins Orwa, was commended by the court for presenting a strong and thorough case that proved the key legal elements of the charge.
According to court records, the offence occurred on the morning of August 22, 2024, at Mirizani Village, Mwaluphamba location, Shimba Hills sub-county, Kwale County.
The accused lured the minor, identified in court as M.A. for legal reasons, into her grandmother’s house under the pretext of fetching a shirt.
Once inside, he closed the door, ordered her to undress, and proceeded to commit the incestuous act.
The minor testified that the convict threatened her when she hesitated and warned her not to report the ordeal.
After the assault, relatives discovered the child in pain and rushed her to a local hospital, where she was admitted for specialized treatment. A medical doctor who produced treatment notes confirmed that the injuries sustained were consistent with sexual assault.
The court dismissed the accused’s defense as incoherent, stressing that he was well known to the victim and that it was highly improbable for a child of her age to fabricate such allegations.
“I hereby sentence you to life imprisonment for the offence of incest. This crime against a vulnerable child is a serious breach of trust that courts must denounce and deter. You have a right of appeal within 14 days,” Ogolla ruled.
