Migori court has dismissed an appeal by a domestic worker, simply identified as Sikuku, convicted of defiling a neighbour’s nine-year-old daughter who was collecting firewood.
Justice Roseline Wendoh, ruled the accused was guilty but reduced his sentence from 30 years to 25 years.
Sikuku was accused of defiling nine-year-old on May 18, 2018, in Uriri, Migori county.
The survivor told the court she was looking for firewood in the thicket when she met Sikuku, who called and told her that he would give her firewood.
Sikuku led her to the home where he worked through a barbed fence and had carnal knowledge of her.
“After he finished, he took a cloth, wiped my thighs and warned me not to tell anybody or I would be beaten by my parents. When I reached home, my father asked where I had been and I recounted what Sikuku did. I was taken to.the hospital, ” she narrated.
Her father testified that when he returned home at 6p.m, he saw his daughter coming out of Sikuku’s door and passing through the barbed wire to go home. His wife said she had gone for firewood.
“I told my wife to ask our daughter where she had been and I left briefly. Her mother informed me she had been defiled,” he said.
Sikuku was arrested but denied committing the offence and said he had a grudge with the survivors father, for whom he had worked. He said he had failed to pay him.
Sikuku also claimed that the father had earlier accused him of having an affair with his wife.
Security Watch Africa reports that a clinical officer who examined the girl found the child had minor lacerations on her private parts and cited attempted defilement.
Judge Wendoh said the medical report corroborates the girl’s evidence.
“It does not matter whether there was a broken hymen or not because the penetration need not have been deep or complete. All these accusations in grudges were never raised during cross-examination. I am satisfied that these accusations and the alleged grudge are an afterthought and unbelievable. I dismiss them as untrue,” she ruled.