Nyeri, Kenya – The High Court in Nyeri has sentenced Francis Mbithi to life imprisonment for defiling his three-year-old daughter and causing her serious bodily harm. The judgement was delivered in an open court by Senior Resident Magistrate Mercyline Lubia.

According to Kenya News Agency, the incident occurred on January 19, 2021, at Witemere village in Nyeri town. The court heard that Mbithi lured his daughter, identified only as QWW, away from playing with other children. Shortly after, QWW’s mother, Moureen Nyaguthii, was alerted by the children that QWW was crying inside their house. Nyaguthii and QWW’s grandmother, Eunice Wanjiku, found the child severely injured after forcing entry into the house.

Both Nyaguthii and Wanjiku testified that QWW had to be taken to the County Referral Hospital for treatment. The P3 form submitted to the court revealed that QWW had sustained a fracture of the femur, a burn on the inner thigh, and multiple facial and interior chest abrasions. Nyaguthii also recounted that surgery revealed further injuries consistent with sexual assault.

Dr. William Muriuki, who treated QWW, testified that she had been examined under anesthesia and found to have a broken hymen and lacerations. Magistrate Lubia, in her ruling, stated that Mbithi had been positively identified as the assailant and did not dispute his paternity to QWW. The evidence showed beyond reasonable doubt that Mbithi was guilty of incest, as defined under Section 20(1) of the Sexual Offences Act, and of causing actual bodily harm, as per Section 251 of the Penal Code.

In delivering her sentence, Magistrate Lubia emphasized the proven father-daughter relationship between Mbithi and QWW, the act of penetration, and the resultant physical injuries. She found Mbithi guilty on both counts and sentenced him in accordance with Section 215 of the Criminal Procedure Code.