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Man in court for defiling daughter, 8 and infecting her with HIV

By Joseph Ndunda January 25th, 2024 2 min read

A 35–year–old man who allegedly defiled his eight-year-old daughter in Nairobi and infected her with HIV is facing charges of defilement, incest and deliberate transmission of the deadly virus.

OOO was charged with defilement contrary to section 8 (1) of the Sexual Offences Act (SOA) of 2006 where he is accused of defiling the child on diverse dates between 2018 and 2019.

The accused person is accused of having intentionally and unlawfully had unprotected sexual intercourse with the child identified in court documents as LAO, having knowledge that he was infected with HIV with the intention of transmitting the disease to her.

He is facing an alternative charge of committing an indecent act with the child in the same period where he is accused of intentionally and unlawfully touching her genitals.

The suspect is facing an additional charge of incest contrary to section 20 (1) of the SOA where he is accused of partaking in sexual intercourse with the child, knowing she was his daughter.

The suspect is said to have committed the alleged offences in Kingston slums within the Industrial Area in Nairobi where he lived with her after his wife left him with the child, following a divorce.

The suspect is said to have started defiling the minor who is now 11 years old after his wife left and he denied her access to the child.

The minor’s mother had handed over the child to the suspect because her new husband did not want the child.

Mid-last year, the minor’s mother learnt that the child had been taken to OOO’s rural home to live with a relative and went there to beg for her custody and left with her to her home.

A few months later, she discovered that the child was getting sick frequently and took her to a hospital where she was examined and found to be HIV positive while the mother did not have the virus.

The child was interrogated by the medics and she disclosed that her father had been defiling her before he took her to his rural home, and they were directed to report the matter to the police.

OOO was traced by the police and arrested in Embakasi on January 20.

He denied the charges before Senior Principal Magistrate Justus Kituku of the Makadara Law Courts.

He was remanded in custody for a day after prosecution counsel Myra Chepkwony sought orders for the suspect to be escorted for the collection of some samples needed for medical tests that are required as evidence in the case.

The suspect will return to court after two days when the court will set bail and bond terms, and fix hearing dates.