Thursday, June 25, 2020 – The High Court in Machakos has come to the rescue of a man jailed for life over defilement after the victim confessed that she was coached by her mother to frame him.
The daughter also revealed that her mother bribed medical practitioners to doctor the report.
Julius Musyoki Wambua was jailed in 2011 at Kamiti Maximum Security Prison after he was convicted and his case closed.
In March 2019, he filed an appeal in the High Court after his daughter confessed that her mother forced her to testify against him in an interview aired by Citizen TV.
“I was too young to understand the power of my testimony then.”
“I only came to understand the consequences of my fabricated statement years later, when my dad had already served several years in jail,” said the victim in her affidavit.
However, Court of Appeal judges, William Ouko, Wanjiru Karanja and Jamila Mohamed, ruled that the window for him to appeal against his conviction had closed.
In September, 2019, Wambua through his lawyers, Cyrus Maweu and Mike Mwema, went back to the High Court to seek retrial.
They challenged the conviction and argued that the rape victim, who was the prosecution’s key witness and is Wambua’s daughter, recanted her evidence hence he wanted the court to consider the change of events.
While the latest petition filed at the Machakos High Court, was objected by the State prosecutor, who in his preliminary objection, argued that the High Court lacks the powers to hear and determine the convict’s appeal, Justice Odunga directed the DPP to present that argument during the submission stage.
The retrial will commence on July 14th, 2020.
The Kenyan DAILY POST.