Father gets two life sentences for incest, defilement

A father who defiled his daughters, aged 13 years and 17 years will serve two life sentences after the appellate court found him guilty of the act.

The man was accused of committing incest with his 13-year-old daughter (RJJM) on various dates between January 1, 2025 and May 13 2025 at Mikamini village in Magarini Sub-County, Kilifi County.

He was also charged with sleeping with his second daughter, aged 17 years (KJM), between January 1, 2011 and May 30 2018 at Kulo village, Kwale County.

In his defence, he denied the allegations, attributing them to a family dispute.

He said that his children had fabricated the allegations because he could not afford to keep them in school and had been influenced by a Nyumba Kumi elder with whom he had a grudge.

However, the Malindi Chief Magistrate convicted him and sentenced him to life imprisonment on each count on March 3, 2026.

Jilani decided to appeal the sentence before Justice Catherine Akaigwa, who upheld the life sentences.

Justice Akaigwa said that the prosecution proved beyond reasonable doubt the essential elements of incest under Section 20(1) of the Sexual Offences Act.

The judge said the trial court properly evaluated the evidence and arrived at a safe conviction.

She said that the sentence imposed was lawful and no separate argument has been advanced demonstrating any basis upon which her court should interfere with it.

In her judgment, Justice Akaigwa said that the inability of the victims to state the precise hour of the night does not amount to a material contradiction, particularly given that the allegations concerned repeated abuse over a period of time.