HIV+ man defiles daughters, gets life
19 July 2013, 13:22
A HIV positive man and father of three has been sentenced to life by a Nyeri court for defiling his two under age daughters.
Chief Magistrate Wilbroadah Juma handed Peter Wamburu Ndirangu the term after finding him guilty of unlawfully and intentionally defiling his two daughters aged 10 and 12 years.
It is alleged that he committed the offence on May 20 and 21, 2012 at Mwireri village in Kieni West district.
The children's mother who is also the wife of the accused said Wamburu was not the biological father of the complainants. She revealed that she was not aware that he used to defile the minors though they used to visit him at his work place and even spend some nights there.
She narrated to court that it was only on May 23 when she was on her way home from church that she met her daughters in company of her friend who then broke the news to her.
The younger daughter recounted the events of the night of May 20, when her father asked her to climb on his bed, undressed her and defiled her in spite of her spirited resistance.
The elder sister said that they had visited their father the previous night but he asked them to stay overnight.
She disclosed that they all slept together on his bed but at midnight he undressed and forcefully defiled her when her younger sister was deep asleep.
However, in his sworn defence, Wamburu said his wife and children were framing the accusations to facilitate a break up adding that the doctor’s report which indicated he was HIV positive while the minors were HIV negative would have been considered.
“The minors were in fair condition though their hymens were broken and were administered with HIV prevention drugs,” indicated part of the report.
In her ruling, the magistrate said Wamburu treated the children with no mercy by engaging them in an adults' activity which they did not understand, exposing them to a grave danger notwithstanding his HIV status.
Wamburu in mitigation prayed for leniency and asked for a sentence that would enable him to serve the government and his people adding that he had already spent one year in remand with no one paying him a visit.
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