Father defiles his daughter, 8, buys her silence with avocado

The long arm of the law has caught up with a rogue father at a village in Machakos who forcefully slept with his eight year old biological daughter.

According to documents, the Machako Law court slapped the dad, who reportedly tried to buy the young girl's silence with bread and an avocado, with life sentence for the offense in the case has been dragging on since February 2013.

The court heard that on the fateful day, the minor woke up to prepare for school but her father ordered her to stay her home.

"My mother had gone to wash clothes at a nearby river when my father summoned me to the house. He locked the door and threw me down and lay on me. I had no underpants apart from the school uniforms," the minor told the court.

Adding that, "He promised to buy me bread and an avocado if I oblige. We stayed in the house up to about 10.00 a.m. then he gave me porridge to take."

The minor further told the court that she was taken to the hospital for examination and treatment after she reported the matter to a neighbour.

"My father had defiled me on many other occasions more than two other times and I reported the matter to our neighbour and Sunday school teacher" she said.

A village elder; the Chief of Lukenya; and the Investigating Officer respectively, all testified as to the report they received about the defilement of the complainant, and their actions in monitoring the complainant, the arrest of the accused and recording of statements in this regard.

In his mitigation, he pleaded that the prosecution failed to discharge the burden of proof and that complainant could not vividly and accurately recall the events.

In his appeal, the appellant gave sworn testimony and did not call any witnesses. He chose not to give any comment or explanation as to the offence.

He further claimed that the charge sheet in the lower court was defective, as the particulars indicated that the defilement occurred on 8th February 2013, yet the complainant testified that she could not recall what happened on that date.

The judge could, however, hear none of it. He insisted a harsh punishment to try to stop other people from committing such heinous crimes was in order, seeing as medical reports linked him to the ordeal.

"I have perused the trial record and note that the appellant was a first offender. However, given the tender years of the complainant and the fact that the appellant abused his position of trust in relation to his child, he deserves a deterrent sentence, Justice Nyamweya ruled.

"I accordingly uphold the conviction of the appellant by the trial Court for the offence of incest. I also confirm the sentence imposed upon him of life imprisonment for this conviction. And the additional orders given by the trial Court as regards the protection and custody of the complainant and her siblings," the judge ordered.