The High Court in Kakamega has sentenced a man who defiled his 14-year-old niece to 15 years in prison.
Josephat Mukoye committed the offence on August 27, 2012 at his home at Joyland estate in Lurambi sub-county.
The court was told that the minor was at home babysitting when the accused assaulted her.
The complainant’s father testified that Mr Mukoye had earlier conceded to having sex with the girl and wanted the matter to be settled out of court.
“I declined his request and reported the matter to the police who managed to arrest the accused,” said the victim’s father.
Reports from the hospital also confirmed that the girl had been defiled.
The accused had been convicted by a magistrate court but he appealed arguing that the verdict given by the lower court was not fair.
He claimed that the charges were framed because of the existing bad blood between him and the girl’s family.
However, Justice Jesse Njagi struck off his application stating that the trial and conviction were fair and that the girl’s evidence was validated.
“Inconsistencies in witness statements were minor and that could not affect the outcome of the case. I therefore uphold the sentence imposed and the appeal is hereby dismissed,” ruled Justice Njagi.