A middle aged man in Nyeri County has been sentenced to 40 years in prison for engaging in incest and  defiling his daughter.

The class three girl was defiled by this father on three different occasions. This is between June 2011 and October 2011 at Kiuu village in Mukurwe-ini.

The man had earlier been sentenced to life by the magistrate court. However, after he appealed his sentence was reduced to 40 years by the court of appeal.

He went ahead and appealed the ruling in the Court of Appeal in Nyeri but it threw away his appeal on Monday.

Justices Fatuma Sichale, William Ouko and Sankale Kantai said the sentence was valid.

“The court would be entitled to interfere with the sentence if it was demonstrated it was illegal or too harsh or excessive,” the judges explained.

“The High Court had exercised its discretionary power to interfere with the life sentence and replace it with a shorter one,” they added.

The girl disclosed that his father had been threatening her to keep quiet about the sexual abuse.


However, the girls’ teacher noticed the girls’ weird and unusual walk. She questioned her and learnt about what was happening.

She was taken to Mukurwe-ini District Hospital where Dr David Kabuga confirmed that the girl had been sexually assaulted.