Judges rule he had unequivocally pleaded guilty to the charge, hence no need to take evidence.
A father who was sentenced to 30 years behind bars for impregnating his teenage daughter twice has lost a bid to reduce the jail term.
In his second appeal to court, NTN who was charged in 2012 with the offence of incest had asked the court to set aside the sentence he termed as harsh.
However, the Court of Appeal dismissed his application and agreed with both rulings of the trial court and the High Court.
Justices Msagha Mbogholi, Gatembu Kairu and Pauline Nyamweya dismissed his appeal and ruled that he should finish his term.
The judges further ruled that the complaint that no medical evidence was produced and that the age of the victim was not established are predicated on a misapprehension that the court was obliged to conduct a hearing and take evidence notwithstanding his admission of having committed the offence.
“Having unequivocally pleaded guilty to the charge, a hearing for purposes of production of evidence was dispensed with,” the court said.
The court also declined to reduce the sentence of 30 years saying the accused had escaped a harsher sentence in view of the fact that the girl was below 18.
NTN had pleaded guilty to impregnating his daughter twice but later filed an appeal saying he never pleaded to the charge as he was quiet but the court went ahead and sentenced him.
He told the judges that he has eight children at home who depended on him so he needed a lighter sentence.
The father of eight argued that the trial court did not consider that he remained silent during plea taking.
However, the prosecution had argued that during plea taking the father had admitted that he impregnated his daughter twice, leading to children being born of the incestuous relationship. That was sufficient proof.
The prosecution further told the court that on that day when NTN was charged one of minors and the teenage mother were brought to court.
Source: The Star