A 35-year-old woman from Baringo North shocked a Kabarnet Court when she confessed that she framed her husband for allegedly repeatedly defiling their eight-year-old daughter.
The expectant mother of two on Monday told a Kabarnet court that she fixed her husband in revenge because he had become irresponsible, and was giving all the attention to her co-wife.
The court heard that apart from coaching her daughter and framing her husband, she also recorded false statements at the Kabarnet Police Station before involving officials from the children's department and human rights activists.
Appearing before Senior Resident Magistrate Edwin Mulochi, the woman told the court that her husband had allegedly neglected her and the children, concentrating on the first wife.
She claimed that her husband’s absence angered her and she saw an opportunity to “teach him a lesson” when their Grade Two daughter complained of a stomach ache.
“I was very bitter about my husband abdicating his responsibilities. When my daughter complained of a stomach ache recently, I took advantage and lied to the medic that she had been defiled by her father just to fix him,” the woman told the court.
“I pray to God and this court to forgive me because I was overwhelmed by responsibilities that I could not manage on my own. I just wanted to punish my husband. I didn’t expect that he would be arrested and prosecuted in court.”
The mother’s confession came after her daughter told the court that she had never been defiled by her father, and that her case was altered after she was taken to a health facility when she had a stomachache.
During her cross-examination by State Counsel Rebecca Bartilol, the minor claimed that she sleeps on one bed with her parents and that at no time had her father defiled her.
“I was taken to the hospital after complaining of a stomach ache, but later the story was changed. Baba hakunifanyia kitu (my father never did anything to me),” she told the court.
The court had earlier heard that between January to September 21 this year, at an unknown time, the suspect willingly and unlawfully defiled his daughter.
The girl’s mother had told the court that her husband would show their daughter pornographic content every time before defiling her.
The suspect was consequently arrested on September 24 and charged with defilement contrary to section 8 (1) and section 8 (2) of the sexual offenses Act number 3 of 2006.
He was also charged with an alternative count of indecent act with a minor contrary to Section 11 of the Sexual Offences Act.
The man in question, a 35-year-old boda boda rider, was arraigned on September 26, 2024, and denied the charges.
He was remanded at Kabarnet GK Prison where he was to stay until October 11 this year when the case was to be mentioned.
Baringo County Police Commander Julius Kiragu had said preliminary investigations had indicated that the suspect had allegedly defiled his daughter several times and the minor had been subjected to a medical examination, a report made at Kabarnet Police station, and a P3 form filled out.
The prosecution indicated that owing to the confessions, the case would be closed and the accused person discharged unconditionally.
“If we continue holding the accused person in custody based on fabrication it would amount to grave injustice. I apply that this matter be closed and the accused person is discharged unconditionally until and unless lawfully held,” said Ms Bartilol.
The prosecution also ordered the accused’s wife to be arrested for giving false information to a police officer.
In his ruling, the Senior Resident Magistrate said the application to have the case closed is allowed.
“After reviewing the evidence, I conclude that no case has been made against the accused person and I discharge him under Section 210 of the Criminal Procedures Code,” said Mr Mulochi.
