Julius Wambua, the man who was jailed after being convicted of defiling her daughter will be retried, after the daughter recanted her testimony saying that she was forced to frame her father.
Mr Wambua has now been released on a Ksh30,000 awaiting retrial.
“The case should begin afresh and all sentences by the Kithimani Court and High Court be quashed,” Justice George Odunga ruled.
Wambua had been serving a life sentence after he was found guilty of defiling his daughter in 2011, but will now be deemed innocent until his retrial is concluded.
Wambua’s daughter, Dorcas Wambua, in March 2019 told Citizen TV that the case was choreographed by her mother for personal gain.
“The petitioner’s appeal has been considered and determined that he was accused by someone who was coached and wasn’t her own words, therefore justice must be rendered. Pw2 and Pw3 were coerced and threatened by their mother and police so as to implicate the accused over incest and coached on what to say in court. Justice didn’t happen at the time of trial since Pw2 was a minor and was under coercion by the mother” stated Odunga.
A three-judge bench comprising of judges William Ouko, Wanjiru Karanja and Jamila Mohamed had declined the application on the basis that the request was time-barred and that the court-set timelines for filing and producing evidence had already lapsed.