Kwale father jailed for life for sexually abusing nine-year-old daughter

By Eric Abuga

A 38-year-old man from Lungalunga sub-county, Kwale County, has been sentenced to life imprisonment for sexually abusing his nine-year-old daughter.

Prosecution led by Khamis Mahdi presented six witnesses whose testimonies the court described as consistent and credible, leading Senior Resident Magistrate Joy Mutimba to rule that the case was proven to the required legal standard.

The offences, involved the father committing an indecent act against his daughter on 9th of March 2025, at Mabanda Village, Mtsamviani sub-location, Mkongani location, Shimba Hills sub-county, Kwale County.

The minor told court how her father assaulted her twice, once in the family shamba and again at home while she slept next to her sister. She reported the abuse to her aunt, who later informed her mother, then working abroad in the Gulf.

The child’s aunt testified that the girl initially resisted residing with her father when schools closed in January 2024, and later revealed the abuse.

Police officers confirmed that they arrested the father at his home following a formal complaint.

Medical evidence presented by a clinical officer at Mkongani Health Centre showed that the child’s hymen was broken and she had vaginal infections, consistent with sexual abuse.

In his defence, the father denied the allegations, claiming that the children had left their aunt’s home due to mistreatment and that the minor had run away from his home.

However, Hon. Mutimba dismissed his defence as shaky and unreliable given the weight of the evidence presented by Prosecution.

The court noted that it had carefully considered the evidence of the complainant, taking into account the caution required when relying on the testimony of a single witness. 

The court also confirmed through the child’s birth certificate that he is her biological father.

"Upon careful evaluation of all evidence on record, the court found that the prosecution had proved the main charge of incest contrary to Section 20(1) of the Sexual Offences Act beyond reasonable doubt and convicted the father under Section 215 of the Criminal Procedure Code," ruled the court.