A man has been left distressed after being imprisoned for impregnating his niece and allegedly exposing her to HIV in a disturbing family case that shocked residents of Narok County.
The man, identified as SNK, had initially been convicted following allegations that he had a sexual relationship with his 19-year-old maternal niece, resulting in pregnancy and raising concerns about her possible exposure to HIV.According to court records, the matter was brought to the attention of police after the young woman’s mother reported the incident.
She told investigators that her daughter had been involved with her maternal uncle, who was living with HIV and taking medication to control the virus.
The uncle was reportedly residing at the family’s home in Narok when the relationship took place. The sexual encounters eventually left the young woman pregnant.
SNK faced charges of incest and deliberately exposing his niece to HIV.
He admitted to the incest offence and received a three-year prison sentence, while the young woman was placed under probation for an equal period.
However, the man later appealed a separate conviction that had resulted in a 15-year prison term over the alleged HIV exposure.He maintained that the prosecution had not presented convincing evidence to establish that he knowingly engaged in unprotected sexual activity with his niece.
During investigations, both individuals underwent HIV tests at a hospital.
The medical findings established that the uncle was HIV positive, while the young woman tested negative.
Senior Sergeant Jackline Kemunto, who handled the investigation, presented medical documents showing the test results.
She was, however, the only prosecution witness who appeared before the court.
In his appeal, the man challenged the investigation, arguing that the officer had not witnessed the alleged encounters and could not establish whether protection was used.
He also questioned the absence of testimony from the young woman, pregnancy records and DNA evidence.The man got a sigh of relief after the High Court overturned his 15-year sentence for the HIV-related offence.
Justice Charles Kariuki ruled that his admission to incest was not enough to establish that he had deliberately exposed his niece to HIV.
The judge emphasised that each criminal charge must be supported by sufficient evidence before a conviction can be upheld.