Child born out of incest yet to be buried a year later

A child born by a minor who was allegedly defiled by her uncle is yet to be buried a year after his death.

Inspector of Police David Mosonik yesterday told a Kakamega court that the child died nine months after birth.

He was testifying in a case where a suspect identified only as WAO has been charged with committing incest with his niece at their Shisasari village home in September 2016.

The suspect is also facing an alternative charge of committing an indecent act with a minor.

The child’s burial had been delayed in the hope that the court would order a DNA test to ascertain his paternity.

But Chief Magistrate Bildad Ochieng’ declined an application by the Director of Public Prosecutions to conduct the test, saying the application was made way after the trial had started.

Mr Ochieng’ ruled the DPP’s request was an attempt by the prosecution to "use the backdoor" and strengthen their case.

Mr Mosonik, who testified on behalf of Police Constable Serah Athenga who investigated the matter, told the court that the minor reported the matter to the police when the child was two-and-a-half months old.

“The complainant was in the company of her mother when they reported the matter at the Kakamega Police Station, saying she had been defiled by her father’s brother on several occasions. Pregnancy tests at the Kakamega County General Hospital turned positive,” said Mosonik.

He said the minor resisted attempts to procure an abortion and gave birth to a boy on March 27, 2017. He later died in unclear circumstances.

Yesterday, the prosecution wound up their case after presenting four witnesses who gave sworn evidence.

The magistrate adjourned the matter to April 25 when he will rule whether the accused has a case to answer.