Father sentenced to 40 years for defiling daughter, 11
Magistrate says the prosecution proved the man took advantage of the child to molest her sexually
A magistrate court has sentenced a man who defiled his 11-year-old daughter repeatedly to serve 40 years in incarceration.
Edwin Mule had who had been charged with incest under Section 20 subsection 1 of the Sexual Offences Act is accused of committing the offence on March 13, 2022, and August 2, 2022, at Huruma Estate in Eldoret town.
Senior resident magistrate Barnabas Kiptoo said the prosecution had proved the case against the 33-year-old man.
The court declared Mule guilty after the hearings that have taken two years. According to the court, the father took advantage over the minor and molested her under the protection his mother.
"All factors consider the prosecution has placed the accused at the offence of incest", Kiptoo said.
The court also ordered the immediate arrest and prosecution of the man's mother who is accused of knowing that the minor was being abused but she failed to act.
"It baffles me that he was allowed to go scot-free for the offence he committed. Through this judgement the OCS Huruma is ordered to arrest the grandmother of the child adversely mentioned here," Kiptoo said.
He ordered that the woman be investigated over her involvement and conjured the OCS to ensure the file is availed before the ODPP within 45 days from the date of the judgement.
The accused pleaded for a lenient sentence but the court rejected his plea. Kiptoo said the accused was not fit to stay near anybody let alone his own children.
"The child's life is forever ruined and the accused should not be allowed to stay near any child," Kiptoo said.
The victim narrated a brief account of the pain she endured from her father.
"I used to sleep on the sofa but I would find myself in my father's bed most of the time. I used to feel a lot of pain in my private parts," the victim told the court.