The High Court has ordered fresh trial for a man convicted to life sentence for defiling and siring a child with his 15-year-old daughter.
Judge Jesse Njagi in his judgment said the appellant’s rights to be supplied with witness statements and documentary exhibits to enable him prepare for defense were violated thus a trial could not stand.
The man was convicted by Mumias Principal Magistrate Terry Odera after finding him guilty of incest and an alternative count of committing indecent acts with a minor.
He was found guilty of defiling his daughter on diverse dates between December 25, 2014 and December 12, 2015 at their Harambee Estate, Matungu sub-county.
The trial court was told that the complainant was living with her father after her step-mother moved to Dubai in search of a job.
On Christmas Day of 2014, the appellant took the bedding of the complainant to his bedroom and ordered her to sleep on the floor in the same room.
During the night, the complainant told the court she was defiled which also happened the following night. The ordeal continued till August 14, 2015 when the complainant missed her monthly periods indicated she was pregnant.
The step mother returned home in October 2015 and when the complainant reported the matter, she took no action. Not even when she witnessed her husband defile her again, the court heard.
Instead, the step mother gave the victim drugs to abort, but they did not work.
DNA test proved the child was the convicts' who was jailed for life.
He successfully appealed the judgement saying he had not been served with documents of the case and that he was framed over a family land matter.
State lawyer Samson Ng’etich unsuccessfully opposed the appeal saying all elements of defilement were proved and that there was no dispute the child belonged to the convict.
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