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Man accused of siring child with his biological daughter in Bungoma

By Robert Amalemba | January 24th 2017
Simon Kituyi Wakape before a Webuye court on 23th of Jnauary 2017 where he denied siring with his daughter back in 2011. He called on two witnesses to plead on his part after the court ruled he had a case to answer. The court will give judgement on the case in March 31st. [Picture:Robert Amalemba/Standard].

A defence witness has disputed evidence in a case where a man is accused of siring a child with his biological daughter.

The new twist comes just two months before a court delivers judgement on the incest case in Bungoma.

Lab technologist Hesbon Kutiri yesterday told Webuye Senior Resident Magistrate Chrispine Oruo that blood samples tested at the Government Chemist which showed the man had a child with his daughter could be from someone else.

Kitiri was testifying after State lawyer Susan Muthomi closed her submission and court ruled that the accused had a case to answer, prompting him to call two defence witnesses.

Kutiri testified that he drew blood samples from the accused, his daughter (the complainant) and a child allegedly born of them in 2012 following instructions from a police officer investigating the matter.

"The investigating officer (Joseph Mwanzia) asked me to draw blood samples from the complainant, the accused and a child supposedly born of them. I stored the sample in a refrigerator and waited for him to come pick results but he never came. I waited for three months, one year then disposed of them," said Kutiri who was based at Webuye District Hospital when the alleged incest occurred.

His evidence contradicts an earlier version given by Government DNA analyst Anne Wangechi last October when the case was heard.

"I receive samples from a police constable Joseph Mwanza for tests to determine paternity. Based on my DNA findings on the blood samples of the accused, the complainant and the child, there are 99.9 per cent chances that the accused is the biological father of the child born by the complainant," said Wangechi.

Another defence witness, Webuye Hospital Medical Superintendent Wambasi Mutoro, produced documentary evidence to show that blood samples were taken from the three for purposes of determining paternity at the Government Chemist in Nairobi.

The accused was arrested on September 23, 2011, for allegedly defiling his then 16-year-old daughter. He was charged with incest at the Webuye court.

The complainant had testified thus: "When my mother died, my father took me to his home from my aunt in Kakamega with the promise that he was taking me to a good secondary school while I was in Form Two ... he forced me to make love with him after beating me up on the second day in his house."

The case has been heard by three magistrates since 2011. The court will deliver judgement on March 31.

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