Man who had been jailed for sodomizing wife slapped with life sentence for defiling daughter

The accused is said to have committed the vile act on the minor for more than four years at Nyacha village within Kwale County.

“The accused committed the offences on diverse dates between January 2019 and 26th March 2023 at Nyacha village, Taru location within Kwale County,” the Office of the Director of Public Prosecutions (ODPP) said in a statement.

The 45-year-old man was charged with committing an indecent act contrary to Section 11(A) of the Sexual Offences Act No. 3 and Section 20(1) of the Sexual Offences Act No. 3 of 2006.

The defiled minor was among five witnesses presented during the trial with the court ruling that the prosecution, through Counsel Annette Wanjohi, had proved the case ‘beyond reasonable doubt’.

It was also revealed that the accused had been convicted for five years in 2010 for committing acts of sodomy on his wife.

“During the trial, it emerged that the accused had been convicted and jailed for a five-year jail term between 2010 and 2015 for sodomizing his wife,” the statement reads in part.

The defendant claimed that his wife had framed him for the vile act, which Mariakani Senior Resident Magistrate Olivia Koranje disregarded as ‘baseless’.

The accused life-long sentence was established in consideration of not amending his foul behaviour.

"Magistrate Koranje held that the accused's behaviour did not change despite his previous conviction and sentence, hence warranting the court to grant him the length of his sentence," said the ODPP.