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Lamu man found guilty of defiling daughter

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[A girl participating in anti-sexual violence campaign. Photo/courtesy].

Mpeketoni law court in Lamu county has found guilty a man of defiling his daughter.

Daniel Mwangi Njoroge was arrested on august, 2020 at Sefu area in Mpeketoni, accused of defiling a 9-year old minor and causing her serious injuries in her private parts.

Mpeketoni Resident Magistrate Eugene Pascal Nabwana said Njoroge committed the offence and later colluded with his wife to hide the truth.

Njoroge further warned the minor that he would kill her if she revealed anything about the act.

“The minor was taken to Kibaoni dispensary, and was later transferred to Mpeketoni Sub county hospital, however after serious medical examinations, the doctors referred her to the Coast Teaching and Referral hospital in Mombasa for further medical examinations and treatment,” revealed Mr Nabwana.

The arrest

Njoroge was nabbed on July 25, 2020 and he vividly denied being involved in defiling the minor and actually infecting her with multiple Sexually Transmitted Infections (STI’s).

“The minor was found bleeding from her private parts. However, the mother was not shocked over the incident and only went to look for medicine at a local shop,” the magistrate told the quiet and parked court while delivering his chilling details of the ruling on the particular sexual violence case.

Though the victim was treated and healed, doctors who performed the corrective surgery did not release her since they questioned on what could have transpired and unanimously arrived at a single opinion that the minor had indeed been defiled.

However, according to Nabwana, the mother and the accused denied having any knowledge about the defilement incident.

Efforts

“It was through a Paralegal officer attached to the Coast General Teaching and Referral Hospital Gender desk Mary Mugo’s efforts that the brave young girl opened up giving out the chilling encounter from her step father,” Honourable Nabwana further told the court.

Non-governmental Organisation, Trace Kenya worked closely with the police and other stakeholders and placed the victim in a safer place.

The accused mounted a formidable defense. He denied defiling the victim at all.

The accused further stated that the whole case was a scheme by the victim’s mother to dispossess him on his land. That she had tried before to have him transfer the land into her name contending that upon his death she would be chased away from the land.

Analysis

The age of the complainant in defilement cases is a crucial issue so much so that in some instances a case will succeed or fail based on the proof of age or lack thereof according to Nabwana.

“There is a proof that the complainant is underage, and that there was penetration with all the injuries in her private parts caused by a weapon namely human penis and that the accused person indeed committed the offence,” said Mr Nabwana.

[Mpeketoni Resident Magistrate Eugene Pascal Nabwana. Photo/Ahmed Omar].

A medical officer at the CGRH Dr Mohamed Ali Mohamed testified in court giving out details that reaffirmed the defilement.

“With all the evidence presented before this court, I am convinced beyond reasonable doubt that indeed Njoroge defiled the minor,” reiterated Nabwana.