Court allows retrial of man ‘framed’ by wife for defilement
The High Court has ordered a retrial of a man who was jailed for life in 2011 after he was convicted of defiling his daughter.
Julius Musyoki Wambua challenged his conviction and sentencing after Citizen TV aired an interview of his union his daughter, who said her mother forced her to testify against him.
This is the second attempt that Musyoki is making to get justice after his case was dismissed by the Court of Appeal in May 2019.
A three-judge bench comprising of judges William Ouko, Wanjiru Karanja and Jamila Mohamed 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.
On Wednesday, Musyoki through Kenya National Commission on Human Rights (KNCHR) lawyers Cyrus Maweu, Victor Kamau and Judith Lema told Justice George Odunga that Musyoki’s elder daughter, who lives in Dar es Salaam, Tanzania, has also recanted her testimony.