A 29-year-old man has been convicted and sentenced to life imprisonment for sexually assaulting his one year and months old step daughter.
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Simon Isiayo, a casual laborer committed the offense on June 21 at their Senyende village at around 6: 00pm.
The child was left under his care while her mother had gone to the posho mill.
Isiayo defiled the minor on the anus which left her with multiple injuries including bruises on the anal area, edema, and she had painful defecation and stretch marks.
The prosecution noted that at the time of the act, only the convict and the child were in the house.
Lucy Muchesa, the girls’ mother in her testimony said she left the daughter under the care of the accused, who is her husband. They have been married for only one month.
She recounted how rains made her delay to return home and found the child sleeping when she came back.
She went ahead preparing the evening meal and when the child was finally awake she noted that she could not stand to her feet and was stumbling upon trying.
Ms Muchesa told the court that she discovered the wounds her daughters buttocks and an open anal orifice after examining her.
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She also noticed the victim was not in the clothes she had left her with.
According to her, the accused referred her to his mother when she inquired what had transpired. He (accused) denied having defiled the child after his mother demanded to know what had happened.
In his judgment, Kakamega Senior Resident Magistrate Erick Malesi ruled that the key elements of penetration and age of the victim was proved beyond reasonable doubts.
He noted that the examining clinician report stated it was indicative the victim had anal trauma and facial bruises and also purulent bloody discharge from the anus.
Photographic evidence presented in court showed injuries similar to the ones stated in medical report.
During trial, Isiayo admitted that the child had been defiled but denied being involved.
Mr Malesi brushed off the accused defense of saying he was wrongly implicated with a reason that he and his wife had filial relationship and his wife wanted the marriage to end, saying it was far-fetched.
“I find this far-fetched and do not see how one can concoct a defilement story just to get out of a marriage,” said Mr Malesi.
He added that, “I must therefore return a finding that the prosecution has discharged its burden to prove a case beyond reasonable doubt. I therefore convict the accused under section 215 of the criminal procedure code for the main charge of defilement and sentence him to life imprisonment.
The convict has been given 14 days to appeal.