An eight-year-old girl left the Kabarnet Court in disbelief on Friday when she contradicted her mother’s claims that her father had defiled her.
The girl appeared before Principal Magistrate Edward Mulochi in a case where her father was accused of repeatedly defiling her between January and September this year at their home in Barwessa,
Baringo North. However, during her testimony, she clearly stated that no such incident had ever taken place.
The child explained that she had once complained to her mother, Patricia Kibowen, about a stomach ache after eating undercooked local food known as ‘githeri’, which led to her being taken to the hospital. She claimed her story was misrepresented.
The court learned that her mother had filed a false report at Kabarnet Police Station, and then involved officials from the Children’s Department, human rights activists, and the media in a plan to ruin her husband’s reputation.
Prosecutor Rebecca Bartilol argued that the case had been fabricated to punish the accused and called for the mother’s arrest and prosecution for giving false information to the police. She stated that holding the accused any longer based on lies would be a great injustice.
“I ask that this case be closed and the accused be released without any conditions unless there are lawful grounds to hold him,” said the prosecutor.
In his ruling, Magistrate Mulochi agreed with the prosecution’s request to close the case. After reviewing the evidence, he concluded that there was no case against the accused and discharged him under Section 210 of the Criminal Procedure Code.
The girl, fluent in Kiswahili, said during cross-examination by the prosecutor, “Baba hakunifanyia kitu…” (Dad didn’t do anything to me), confirming that although the family shared a bed, her father had never harmed her in any way.
Following this development, the mother was called to the courtroom, where she admitted to and that her mother had exaggerated the situation.
The court was informed that the mother had filed a false report at the Kabarnet Police Station, involving officials from the Children’s Department, human rights activists, and the media to orchestrate her husband’s downfall.
In her arguments, the prosecutor, Rebecca Bartilol, contended that the case was fabricated to punish the father and requested the arrest and prosecution of the mother for providing false information to law enforcement.
Bartilol expressed that it would be a grave injustice to continue detaining the father based on these untrue allegations.
“I ask that the case be marked as closed and that the accused be released unconditionally until there is lawful cause to hold him,” the prosecution stated.
After reviewing the evidence, Magistrate Mulochi agreed with the prosecution’s request to close the case.
He found that no evidence had been presented against the accused and, under section 210 of the Criminal Procedure Code, discharged him from the charges.
During cross-examination, the girl confidently stated in Kiswahili, “Baba hakunifanyia kitu,” meaning “Dad didn’t do anything to me.” She confirmed that even though her family shared a bed, her father had never sexually molested her.
After these revelations, the mother was called back into the courtroom, where she confessed to fabricating the story against her husband.
She explained that her resentment stemmed from feeling neglected by him as he lived with his first wife and failed to support her and their children.
“I was very angry with my husband and saw an opportunity when my daughter mentioned her stomach ache, which led me to lie to a doctor during her examination in order to get back at him,” she admitted.
The mother pleaded for forgiveness, expressing that she felt overwhelmed by financial pressures related to school fees and other household responsibilities that required her husband’s assistance.
Her confession and the girl’s testimony highlighted the complex emotions and challenges faced by the family.
