Man handed life sentence for defiling, impregnating his sister

Justice Anne Okutoyi (pictured) upheld the sentence handed to Moses Mogere by Etago Principal Magistrate Vincent Nyaga. [File, Standard]

Despite having a wife, Moses Mogere defiled his 16-year-old sister (DMN) in a room she shared with his daughter and impregnated her.

When Mogere and his wife realised DMN was pregnant, he gave his wife Sh3,000 to help DMN procure an abortion at a local chemist, but the procedure was not successful and she eventually gave birth.

After the failed abortion, DMN reported to the local chief, who together with DMN’s deputy head teacher reported the matter to Nyamarambe Police Station.

Mogere was sentenced to life imprisonment for incest after High Court Judge Anne Okutoyi upheld the sentence handed to him by Etago Principal Magistrate Vincent Nyaga.

According to DMN who is an orphan, her brother started having unprotected sex with her since early 2023 until March 2024.

She narrated how Mogere would defile her in the same room she slept with her cousin (Mogere’s daughter).

She told the court that all started on the night his wife was away attending a funeral, and after that it became a routine.

DMN said that following their parents’ demise, she moved in with the accused after her other brother and relatives mistreated and chased her away.

“He would repeatedly defile me in a bedroom wherein we shared with his daughter, and the first time is when his wife was away attending a funeral. From then it turned out to be a habit, my brother would undress me and then sleep with me in the bedroom,” DMN narrated to the court.

In his defense, Mogere accused her sister of having indiscipline cases and numerous sexual relationships and at one time was to get married to one of the boys.

Mogere claimed that DMN decided to file the case after he punished her.

He said that she was also assaulted by her boyfriends for cheating.

Mogere admitted that he hosted the sister after she was chased away by their aunt for stealing.

“At one point she was almost being married to one of the boys. My sister is just an ill-mannered girl. The charges are not true but only meant to fix me,” said Mogere.

In mitigation, Mogere asked for leniency and non-custodial semtence.

In her judgment, Justice Okutoyi said that Mogere exploited her sister, an orphan.

“This court has also considered the aggravating circumstances in the present case involving an orphan minor, the perpetrator not a stranger, but the complainant’s own brother who exploited the trust and protection bestowed upon him to sexually violate the victim,” ruled Justice Okutoyi.

The judge noted that incest represents one of the most reprehensible forms of sexual violence because it destroys not only the bodily integrity of the victim but also the sanctity, security and trust that ought to exist within the family unity.

Justice Okutoyi said the psychological, emotional and social scars suffered by victims of incest are profound and long lasting.

She said the abuse of a close familial relationship constitutes a serious breach of trust which significantly aggravates the offence.

“Mitigation can therefore not eclipse the seriousness of the offence, the devastating impact upon the child victim, the abuse of the sibling relationship and the overriding public interest in protecting children from sexual exploitation within their own homes,” said Justice Okutoyi.