Man wrongfully imprisoned for life at Kamiti, freed, then rearrested to face fresh trial

Wanyeki had been serving a life sentence at Kamiti Maximum Security Prison for allegedly defiling his two underage daughters. 

However, last week, the Kiambu High Court overturned his conviction, ruling that he had been wrongfully convicted.

The court’s decision followed a dramatic turn of events in which Wanyeki’s daughters, now adults, revealed they had been coerced into falsely accusing their father in 2007.

The two women testified in court that they had been pressured by their grandmother to give false evidence against Wanyeki.

The court accepted their confession, acknowledging that their testimony had been fabricated under family pressure, not based on the truth.

Although the court ruled in Wanyeki’s favour and ordered his release, the Office of the Director of Public Prosecutions (ODPP) has recommended that he face a new trial.

On Thursday, November 28, 2024, Wanyeki appeared before Principal Magistrate Yusuf Baraza at the Thika Law Courts, where the ODPP requested more time to review the case. 

As a result, Wanyeki was not formally charged, and the court ordered that he remain in custody at Ruiru Police Station until December 4, 2024, pending further developments.

Wanyeki’s lawyer, Kiroko Ndegwa, voiced his concerns about the violation of his client’s rights. He pointed out that Wanyeki should not have been detained for over 48 hours without being formally charged, calling it a breach of his constitutional rights.

Ndegwa also criticized the criminal justice system, specifically the laws surrounding sexual offenses. He argued that the law, which often leads to wrongful convictions in such cases, should be reformed to prevent innocent individuals from being incarcerated due to fabricated claims.

“This is yet another case of similar incident. It is not easy to find people committing sexual offences red handed but the aspect of beyond reasonable doubt seems to be largely overlooked as I am convinced it was in this matter,” he added.

Wanyeki’s family, led by his elder sister Margaret Gachoka, expressed optimism that justice would eventually prevail. 

Margaret, who has supported her brother throughout his lengthy battle for justice, stated that the family is hopeful that Wanyeki will finally be free after years of fighting for his exoneration.