A 50-year-old man has been jailed for 30 years for defiling his six-year-old daughter.
GYM was handed the sentence by the High Court in Mombasa after appealing against an initial life jail term imposed by a magistrate’s court in 2019.
Justice Anne Ong’injo noted that the man required a harsh sentence for taking advantage of the absence of the child’s mother and preying on her and robbing her of her childhood.
“Life imprisonment is the right punishment for such a brutal and heinous act. However, since a life sentence is ambiguous, I will give a definitive time frame for the appellant to serve 30 years’ imprisonment,” she said.
GYM had asked the judge to overturn the life sentence and set him free, saying he had been framed and that the charges resulted from bad blood between him and his neighbours who he said were eyeing his prime land in Taveta.
He also complained to the judge that the trial court did not confirm the age of the child and that he had been convicted on a defective charge sheet.
But the judge dismissed these arguments, noting that he had been sentenced to serve life in prison for the reasons that the victim was his daughter and that she was not only below the age of 18 but also a child of tender years requiring protection by all right-thinking adults, particularly a parent.
“The appellant’s appeal has failed and the same is dismissed save for sentence, which is substituted from life imprisonment to 30 years to run from April 2019,” Justice Ong’injo said.
GYM was charged with incest in a magistrate’s court in Taveta. He was said to have committed the offence on April 26, 2019.
The trial magistrate found him guilty and sentenced him to serve life in prison.
Court records show that the man sexually abused the girl and instructed her to say that she had been attacked by a ghost.
But, the girl’s brother explained to the court that their father preyed on her at night and warned the two against telling anyone what had happened
“He told us to say that my sister had been attacked by a ghost,” the boy said.
To hide his heinous act, the court was told that GYM visited a neighbour’s home the following day and reported that he had been attacked by unknown people.
Court records show that GYM had separated from his wife for two years and was living with his two children.
In his defense, GYM denied committing the offence, claiming the charges were fabricated.
“I was framed by two women, who wanted me to share my plot with them. They promised to frame me after their goats died after consuming pesticides that I had sprayed on my crops,” he said.
GYM also claimed he did not get a fair hearing in the trial court and that he had brought the issue to the attention of the court so the matter could be transferred to another court but his request was ignored.
“My children were made to testify while crying and that cannot be said to have been a fair trial,” he claimed.
But prosecutors argued that he had not shown remorse for his action that took away the innocence of his child and left her scarred for life.
“GYM was meant to offer safety and protection to his child but he failed to do so. His seven-year-old son was a witness in the matter and he was also left traumatised. Their father’s action left the children homeless,” they said.