Man to serve life sentence for defiling his daughter

A disgraced father from Kwale County has been sentenced to life imprisonment for defiling his 13-year-old daughter in 2006.

Mwatsaka Njemo, 45, was found guilty of committing incest with his daughter after separating with his wife.

The prosecution told the court that Njemo had previously served a five-year jail term for sodomizing his wife, leading to their separation.

Mariakani Senior Resident Magistrate Olivia Koranje said the prosecution proved the case beyond reasonable doubt.

The magistrate dismissed claims by Njemo that his wife framed him.

“The defense by the accused that he was framed by his wife is baseless. The medical report produced in court concurs with testimonies of witnesses,” said Karonje.

The Senior Resident Magistrate held that the accussed's behaviour did not change despite previous conviction, hence warranting the court to sentence him to life imprisonment.

“The accused failed to learn from his previous mistakes and continued to perpetrate heinous sexual acts on his daughter,” said Koranje.

The accused committed the offences on diverse dates between Jan 2019 and Mach 26, 2023, at Nyacha village, Taru location within Kwale County.

The magistrate found him guilty of incest contrary to the Sexual Offence Act.

He was also convicted of indecent act contrary to the Sexual Offences Act.

Prosecution counsel Annette Wanjohi told the court that Njemo had been convicted and jailed for five years for sodomizing his wife. 

Wanjohi presented five witnesses, including the minor, whose evidence the court said proved the prosecution's case beyond reasonable doubt.

“The accused had been convicted and sentenced to a five-year jail term for sodomizing his wife. He served the jail term between 2010 and 2015 but committed the same offence on his wife after she took him back. This prompted the wife to separate from the accused, who took custody of their three children,” she said.