Life in prison for father who defiled daughter

At around 1pm on November 25, 2009, six-year-old Mary (not her real name) was at their home in Lesesia village in Taita Taveta County with her brothers finishing up their lunch. Her father, Jackson (not his real name), asked her to bring him some water to his bedroom.

Their mother was away at the local market. Mary obliged and took her father a glass of water to his room.

However, once inside her parents’ room, the father grabbed her, removed her clothes and then defiled her after applying oil on her private parts.

In shock and pain, Mary cried out for help and her 16-year-old brother Kevin (not his real name) rushed to her rescue only to find their father carrying out the beastly act on his daughter.

When their mother came back home from the market at 6pm, Kevin informed her of what had happened to Mary and the incident was reported at the Taveta Police Station. Mary was taken to Taveta District Hospital where she was admitted for five days.

At the hospital, Dr Dianga Odep examined Mary and noted she had been defiled. She was in pain and unable to walk.

Dr Odep would later testify that the injuries sustained by Mary were probably causes by penetrative unprotected vaginal sex and that she had suffered grievous bodily harm.

Jackson was arrested on November 27, 2009. He denied defiling his daughter. He insisted that on the day of the said assault, he worked on the farm till 1pm when he went home for lunch and after Mary brought him a glass of water, he left and came back at 7pm.

Jackson found his wife was away and did not see her until the next day when she looked angry and insisted on sleeping in the kitchen.

He accused his wife of framing him for the crime, citing a quarrel they had several days earlier.

Jackson was convicted of defilement and sentenced to 30 years in prison. He appealed the senior magistrate court’s ruling at the High Court in Mombasa.

The High Court handed him life imprisonment for his crime. Shocked by the turn of events, he made a second appeal at the Appellate Court at Mombasa.

Mombasa Court of Appeal judges Milton Makhandia, William Ouko, and Kathurima M’inoti dismissed his appeal on March 11, 2016 noting that Jackson had in his own unsworn statement placed himself at the scene of the offence.