A 35-year-old woman from Baringo North admitted before a Kabarnet Court that she framed her husband for allegedly sexually abusing their underage daughter.
On Monday, the expectant mother of two revealed that she made the false accusations out of revenge, feeling neglected as her husband focused his attention on her co-wife. She acknowledged that her husband’s disregard angered her, and when their Grade Two daughter complained of a stomachache, she seized the opportunity to teach him a lesson.
The court learned that the woman not only coached her daughter to lie but also filed false statements at the Kabarnet Police Station. She involved officials from the children’s department and human rights activists to bolster her claims against her husband.
During the proceedings before Senior Resident Magistrate Edwin Mulochi, the woman explained that her husband had consistently ignored her and their children, prioritizing his first wife instead.
“I was very bitter about my husband abdicating his responsibilities. When my daughter complained of a stomachache recently, I took advantage and lied to the medic that she had been defiled by her father just to fix him,” the woman told the court.
“I pray to God and this court to forgive me because I was overwhelmed by responsibilities that I could not manage on my own. I just wanted to punish my husband. I didn’t expect that he would be arrested and prosecuted in court.”
The woman had told the court that her husband would show their daughter adult content every time before defiling her. She claimed her daughter had confided in her.
Authorities arrested the father on September 24 and charged him with child abuse, citing violations of sections 8 (1) and 8 (2) of the Sexual Offences Act, 2006. He was also charged with an alternative count of indecent act with a minor contrary to Section 11 of the Sexual Offences Act.
Father’s Arrest and Arraignment
The husband, a 35-year-old boda boda rider, was arraigned in court on September 26, 2024, where he denied the allegations. He remained in custody at Kabarnet GK Prison until the case’s mention on October 11, 2024.
The mother’s confession came after her daughter testified in court, stating that her father had never abused her. The child explained that her case was fabricated after being taken to a health facility for treatment of a stomach ache.
State Counsel Rebecca Bartilol cross-examined the girl, who confirmed that she shares a bed with her parents and reiterated that her father had never harmed her.
“I was taken to the hospital after complaining of a stomachache but later the story was changed. Baba hakunifanyia kitu (my father never did anything to me),” she told the court.
In light of the mother’s confession, the prosecution announced plans to close the case and unconditionally discharge the accused.
State Counsel Bartilol stated, “If we continue holding the accused person in custody based on fabrication, it would amount to grave injustice. I request that this matter be closed, and the accused be discharged unconditionally until lawfully held.”
The prosecution also ordered the arrest of the accused’s wife for providing false information to a police officer. Bartilol added, “Based on the testimony of the minor’s mother, she should be arrested and charged for giving false information.”
In his ruling, Senior Resident Magistrate Mulochi approved the request to close the case, stating, “After reviewing the evidence, I conclude that no case has been made against the accused person, and I discharge him under Section 210 of the Criminal Procedure Code.”
