A Nakuru court has sentenced a man to serve 21 years in jail for defiling his step- daughter, aged 13.
Peter Mbugua Njenga was found guilty of the offense committed on March 30 at their home in Munanda Vilage, Gilgil within Nakuru County.
When handing down the sentence to Njenga, principal magistrate Liz Gicheha, said the prosecution had proved the case beyond reasonable doubts, describing the evidence adduced in court against the accused as overwhelming.
In her judgement, Gicheha noted that the defilement charge preferred by the prosecution was appropriate although the accused, the girl and the mother were living as family.
“I asked myself whether charging the accused person with defilement instead of incest was appropriate. They were living together as a family and the accused referred to the victim as his daughter. I find no prejudice has been occasioned for all purposes,” Gicheha stated.
During the trial, it was the minor's testimony that the accused defiled her on two different occasions and she reported both incidents to the mother- who dismissed the girl as a liar-out to snatch her husband.
“I told my mother that I was defiled but instead she told me that it was my fault and that I have become my father’s wife,” the minor narrated to the court.
In her testimony, Paulina Nakateiya, the mother to the girl, said she was chased away from their matrimonial home when she raised the issue with the husband.
"When I returned home, my son confirmed to me that his father was indeed sleeping with the daughter," She testified.
The court also considered the evidence of the local community policing chairperson George Ngure, who testified that he had received information about the same and the defilement incident.
“After receiving report I called OCS Elementaita and informed him about the incident, the OCS sent officers who came and arrested the accused,” Ngure's testimony stated.
Francis Karanja, village elder, further confirmed having received a report on the incident and conducting investigations that confirmed that Njenga was indeed defiling the daughter.
Medical examiner Dr. Stephen Onyango based at Nakuru Level 5 Hospital produced a P3 form indicating that the minor had a broken hymen, he also produced the PRC form which confirmed the injuries.
In his mitigation, Njenga pleaded for leniency saying he was an orphan and has children who depended on him.