In Kenya, a middle aged man in Mombasa was on Wednesday, February 17 arraigned for defiling his 10-year-old daughter moments after she had been sexually abused by a neighbour.

Taking the witness stand, Dr. Stephen Kalai, formerly of the Coast Provincial General Hospital, confirmed to the Mombasa Law Courts that the minor had indeed been sexually penetrated.

Dr. Kalai, who had been assigned to the medical facility’s gender desk, told the court that the child confessed she was defiled by her father when she reported to him that their neighbour had earlier sexually abused her. The incident happened at the suspect’s home in Mathare area, Likoni Sub-County on May 24, 2020.

“The victim had asked her father, Hussein Mzungu Kibao, to help her get justice after she had been defiled by their neighbour. The suspect, however, told the minor that he wanted to confirm — using his penis — how deep the neighbour had penetrated the child,” Dr. Kalai, who is now working at the Likoni Sub-County Hospital, told Mombasa Resident Magistrate Christine Ogweno.

The doctor said the girl was thereafter taken to the Coast Provincial General Hospital gender desk, where a defilement complaint was entered and medical tests taken.

“We established that the girl had suffered vaginal wall abrasion, had a broken hymen and had a healing wound in the vagina. After being counselled and placed under medication, the child confided in me that she had been defiled repeatedly by her neighbour, and when she reported the incident to her father, the dad also defiled her,” said Dr. Kalai.

The victim’s father was consequently arrested and charged with committing incest with a child, which could subject him to life in jail as per Section 20, Part One of the Sexual Offences Act 2006.

“If it is proved that the female person is under the age of eighteen years, the accused person shall be liable to imprisonment for life and it shall be Incest by male persons immaterial that the act which causes penetration or the indecent act was obtained with the consent of the female person,” says the Law.

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