John and his wife had separated following domestic problems after 14 years of marriage and his ex-wife was living with their four children in their house after he moved out and rented his house, not far from his wife. Their four children, including the victim, visited their father regularly.
John visited the house while his ex-wife was away and found the then nursery pupil alone, took her to his former matrimonial bed where he undressed and defiled her.
The victim’s mother learnt of her daughter’s ill-fate at night.
The victim shouted “baba niachilie” (meaning FATHER LET ME GO) while clutching onto her trousers while she was still asleep.
The mother asked her other child to ask the victim what had happened and pretended to have walked out of the room.
She listened as the minor disclosed to her sister that their father had defiled her. She took her to the hospital the next day and later reported the matter to police.
“From the evidence, it appears like the accused person had been defiling his own child on several occasions. It was only when her mother heard her talking in her sleep that the issue came to light,” Nyaga said.
“In my view, the accused deserves a lengthy sentence. He should be kept away from children for a long time. Having considered the circumstances, I sentence the accused to 15 years’ imprisonment.”
Nyaga said John will be entered into the sexual offender’s register as required.
He defiled the child at his former wife’s rented house in Mukuru kwa Njenga slums on August 11, 2015 and was charged with incest and an alternative charge of indecent at with a minor on September 7 of the same year.
Ngugi denied the charges throughout his trial and claimed his wife had framed him.
Section 20 of the Sexual Offences Act in Kenya provides that a person found guilty of incest with a female person under 18 years is liable to imprisonment for life.
