The Court of Appeal in Nairobi has dismissed an application by a man who was reportedly ‘framed’ and convicted for allegedly defiling her daughter.
On Tuesday, a three-Judge bench chaired by Court of Appeal President William Ouko declined the application by Julius Wambua Musyoki to hear the confession by her daughter.
Reports on Citizen Digital indicate that the Judges said the application by Wambua is time barred, noting that the constitutional timeline set for filing and producing evidence lapsed long time ago.
In the appeal application, Wambua through his advocates Cyrus Maweu and Mike Mwema told court that the rape victim who is Wambua’s daughter had recanted the evidence she gave against his father in the alleged rape case.
The lawyers told court that the rape victim was a key prosecution witness, and was allegedly forced to give false evidence against his father.
In the application, Wambua further argued that the trial court convicted him despite alleged discrepancies on the doctor’s report.
Senior Assistant Director of Public Prosecutions (SADPP) Moses Omirera objected to Wambua's application.
According to him, the application if granted, will open door to every other person who enters into a negotiation after a case is closed to recant their testimony.
The prosecution told court that the evidence by the rape victim and her sister was factual.
He said that Mr Wambua was tried and convicted fairly and therefore belongs to jail.
The Appellate Judges will make a ruling on September 27 on whether or not to review the inmate’s sentence.
Wambua is serving a life sentence at the Kamiti Maximum Prison after he was found guilty of defiling his daughter in 2011.
Mr Wambua’s story was aired on Citizen TV’s Prison Diaries in March, where his daughter admitted to having given false evidence against his father.
The story elicited sharp debate with majority Kenyans on social media calling for Mr Wambua’s immediate release from prison.