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.
The man was charged under the Sexual Offences Act (SOA) of 2006 at the Makadara Law Courts. The charges include defilement, as per section 8 (1) of the SOA, alleging that the suspect engaged in sexual acts with his eight-year-old daughter, identified as LAO, on various occasions between 2018 and 2019. It is further alleged that he intentionally and unlawfully had unprotected sexual intercourse with the child, knowing he was infected with HIV, with the intention of transmitting the virus.
An alternative charge of committing an indecent act with the child during the same period has also been levied against the suspect. This charge alleges that he intentionally and unlawfully touched the child’s genitals. In addition, the man is facing a charge of incest under section 20 (1) of the SOA, accusing him of engaging in sexual intercourse with the child while being aware of their familial relationship.
The reported incidents took place in the Kingston slums within the Industrial Area of Nairobi, where the suspect lived with the child after his wife left following a divorce. It is alleged that the abuse commenced after the wife’s departure, during a time when the suspect denied her access to their daughter.
The child’s mother had initially entrusted the suspect with custody after her new husband expressed unwillingness to care for the child. In mid-2023, the mother discovered that the child had been relocated to the suspect’s rural home, prompting her to reclaim custody.
Concerns arose when the child frequently fell ill, leading to a medical examination that revealed she was HIV positive while the mother tested negative. The child subsequently disclosed to healthcare professionals that her father had been abusing her before taking her to his rural home. Authorities were alerted, leading to the suspect’s arrest in Embakasi on January 20.
In court, the suspect denied all charges before Senior Principal Magistrate Justus Kituku of the Makadara Law Courts. The prosecution, represented by counsel Myra Chepkwony, successfully sought a one-day remand for the suspect to collect necessary medical samples as evidence in the case.
The suspect is expected to return to court after two days when the court will set bail and bond terms and fix hearing dates.
We remain committed to the pursuit of justice in this matter, ensuring the safety and well-being of the victim. Further updates will be provided as the legal proceedings unfold.
