Rising Incest Cases: Senior Magistrate Eugene Pascal Nabwana Decries Out-of-Court Settlements and Victim Blaming in Mwala

By Kennedy Nalyanya

MWALA SUB-COUNTY, Kenya –In an exclusive interview with AOG Media, Senior Resident Magistrate Eugene Pascal Nabwana has raised an alarming concern over the surging number of incest cases in Mwala Sub-county. His remarks follow the recent arraignment of a man from Sophia village, Mutua Musau, who faces charges of defiling his 11-year-old daughter.

According to police reports, Musau allegedly committed the acts on various dates between June 1, 2024, and May 21, 2025. He was arrested on May 26 and charged with incest, contrary to Section 20(1) of the Sexual Offences Act No. 3 of 2006, and also faces alternative charges of committing an indecent act with a child under Section 11(1) of the same act. Following his initial appearance before Magistrate L.B. Koech in May, Musau was released on a Ksh 500,000 bond. The case is currently ongoing, with Musau having been presented before Senior Resident Magistrate Eugene Pascal Nabwana at Wamunyu Law Courts.

It is in this context that Magistrate Nabwana lamented a disturbing trend where families pressure victims into out-of-court settlements, effectively silencing justice and compounding the trauma of young survivors.

Speaking on the distressing patterns observed in court, Magistrate Nabwana highlighted a stark contrast in how different types of offenses are handled. "It is very unfortunate that the trends we are seeing in court, is that for petty offences parties do not wish to negotiate and agree. In fact for petty offences they want the case to proceed but not so for serious offences like rape and defilement," he stated.

The situation becomes particularly egregious when it involves defilement, particularly incest, where the victim's own family often turns against her. "When it comes to defilement, especially incest… the whole family gangs up and decide to agree outside the court! The victim is seen as the aggressor who wants the father to be jailed," the Magistrate revealed.

Magistrate Nabwana emphasized the profound betrayal and psychological damage inflicted on the young victims. "It is really an unfortunate scenario because this girl has lost the trust of a father, an authority she respected, and an authority she relies on for provision. This is the same person who has violated a dignity, a right to security, and she will lose trust in anyone else."

He further underscored the immense emotional burden placed on these children, who are then forced to compromise their pain for the sake of familial unity or financial dependence. "Then she is now being told, 'Forget your pain, forget what he has done, he is your father, who will take care of you?' She now starts to feel guilty. The emotional baggage that children as young as eleven carry is immense and that is the most unfortunate bit."

The Magistrate's remarks shed light on a critical societal issue where cultural norms and economic dependencies tragically undermine the pursuit of justice and the well-being of child victims of incest, leaving them with profound and lasting emotional scars. The increased incidence in Mwala Sub-county calls for urgent intervention and awareness to protect vulnerable children and ensure perpetrators face the full force of the law.

AOG Media is exclusively following up on this and will keep you updated on the progress of the case.