R K V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant was convicted by the trial court of incest and sentenced to life imprisonment. He was accused of defiling his daughter, SB, aged 10 years. His first appeal to the High Court was unsuccessful, hence this second appeal.

2. The complainant testified that she was born in the year 2000 and that the appellant is her biological father. The appellant separated from his wife, the mother of the complainant, and married another wife. The appellant was however living together with the complainant and her sister, PW 1.

3. The complainant testified that her father had defiled her on a number of occasions. On 30^th July, 2010 the appellant sent PW 1 to the shop then called the complainant to his bed and defiled her. He repeated the heinous act on the following day. He threatened to kill her if she ever reported the incident to anyone. The complainant told the trial court that at some point the appellant was defiling her repeatedly whenever the other children were a…