The accused participated in the offence
The parties agreed on all the three ingredients except participation
of the accused upon which they agreed to submit.
Juliet, the victirn,
that the accused, ·who
husband to her mother, forced her into sex in the parents' marital
bed. For clarity purposes, the victim is the daughter of the wife but
not of the accused. She is therefore a step daughter whom the
accused found already born when she married the mother. This
however does not diminish the guardianship role enjoyed by the
accused over the victim.
She stated that he had sex with her several times and. gave
money in exchange. That the child she has was fathered by
accused and that she had never slept with another man before
accused defiled her. That she later reported the matter to


The mother reported the matter to the Local Council authorities but
they did not take action. That the m8tter was later reported to
higher ::. Tnth9rities with the help
NGO called MIFUMI.
Wheret~tB61r the accused was
was taken for medical
examination and hence their presence in court. She mentioned the
existence of a land wrangle between the' two parents.
The victim, who is now a young mother, said to be infected with the
HIV virus, seemed calm and composed in the witness box.

The next witness to pin the case of defilement on the accused was
Adikin Beatrice the mother of the victim and wife of the accused.
She first stated that she was 35 years but under cross examination
admitted to not knowing her proper age. She stated that her
daughter was born in 1992, which would make her older than 14
years but still below 18 years. The difference in age therefore would
not make a material difference as far as the offence of aggravated


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