A man was sentenced to 40 years in prison for defiling his nine-year-old daughter and engaging in incest.
The middle-aged man suffered the blow Monday after the Court of Appeal in Nyeri threw out his appeal.
He had earlier been handed a life sentence by the magistrate court, but it was reduced to 40 years by the High Court after he appealed.
Justices William Ouko, Fatuma Sichale and Sankale Kantai said the sentence was valid.
"The court would be entitled to interfere with the sentence if it was demonstrated it was illegal or too harsh or excessive," the judges explained.
"The High Court had exercised its discretionary power to interfere with the life sentence and replace it with a shorter one," they added.
The man defiled his Class Three daughter on diverse dates between June 2011 and October 2011 at Kiuu village in Mukurwe-ini.
On October 7, the girl’s teacher noticed the girl walking unusually and questioned her.
She disclosed that her father had sexually assaulted her on three occasions and was threatened to stay silent.
Dr David Kabuga of Mukurwe-ini District Hospital confirmed that the pupil was assaulted sexually.