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 suspect reportedly defiled the minor on diverse dates between 2018 and 2019.
The man is also accused of intentionally having 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 his daughter.
The accused man 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.
Further, the suspect is facing an additional charge of incest contrary to section 20 (1) of the SOA where he is accused of having sexual intercourse with the child, knowing she was his daughter.
The suspect is said to have committed the offences in Kingston slums within the Industrial Area in Nairobi where he lived with the minor after he separated from the child's mother.
The suspect is said to have started defiling the minor, who is now 11 years old, after his wife left.
The minor’s mother had surrendered 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 her ex-husband's rural home to live with a relative. She went there seeking custody of the child and was allowed to leave with the child.
A few months later, the mother noticed that the child was getting sick frequently. When she took her to the hospital the child was found to be HIV positive while the mother tested negative.
On being questioned by the medics, the child disclosed that her father had been defiling her before he took her to his rural home. The mother was directed to report the matter to the police.
The suspect was traced by the police and arrested in Embakasi, Nairobi on January 20, 2024.
The accused denied all the charges when he was arraigned Senior Principal Magistrate Justus Kituku at 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 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.
