Daniel Wamuiga Mwangi was accused of defiling his daughter in the presence of his wife on April 24 at Kuaka village Kiamaina Location Nyahururu District.
The prosecution led by Inspector John Ruto told the Senior Resident Magistrate Alice Mongare that on the said night the accused came home drunk and picked a quarrel with his wife before slapping her. He then put off the lantern lamp and slept on his daughters’ bed and defiled her.
His wife Virginia Wanjiku said that she heard their daughter cry and when she lit the lamp Mwangi warned her to leave the girl alone and he put off the lamp.
Wanjiku said that their daughter cried in pain until six in the morning when she found out that she had difficulties passing urine and reported the matter to Nyahururu police station.
The girl was taken to Nyahururu District Hospital for treatment and counseling. The doctor’s report indicated that there was forced penetration.
In mitigation, Mwangi that he was drunk and had no idea what he was doing. The Magistrate considered his mitigation but said drunkenness is not a defence in the Sexual Offenses Act.
He was given 14 days to appeal.