“I was framed,” Jackson Kihara Gachucha tells court as he challenges 20-year sentence

Appearing before Justice Alexander Muteti, Jackson claimed he had been maliciously prosecuted, harassed and intimidated, insisting that key documents connected to his case had remained hidden under strict instructions from his late father before his death in 2017.

“If a court can give me escort, I can hand over the documents to my family. Had I disclosed to my uncle where the documents are, I could not be here today,” Jackson told the court.

The judge directed prison authorities at Manyani Maximum Prison to facilitate and escort him to retrieve the documents.

Jackson told the court that he only decided to challenge the circumstances surrounding his conviction after allegedly receiving assurances of protection from the government on October 11, 2024.

“I was framed up and improperly convicted. I am also challenging the manner in which I was convicted,” he submitted.

He further argued that the four years he spent in remand custody before sentencing were never considered by the trial court, describing the omission as unconstitutional. He also termed the 20-year sentence excessive, saying suspects charged with more serious offences had received lighter punishments.

“There are murder suspects who have received lighter sentences than mine. According to the aggravating factors, I believe I should have received a lesser sentence,” he said.

Jackson urged the court to consider his rehabilitation while in prison, stating that he trained as a teacher during his incarceration and had attached medical records and other documents in support of his application for sentence review.

However, Justice Muteti told him that the High Court could not reopen factual issues already determined by the Court of Appeal unless there were grounds for a retrial.

“I cannot revisit issues of fact that have been dealt with by the Court of Appeal unless the issues relate to a retrial,” the judge said.

The judge further advised Jackson to engage his family lawyer and consider moving to the Supreme Court, noting that some of the issues he had raised were outside the jurisdiction of the High Court.