A Machakos court on Wednesday released Julius Wambua, a man who was on death row and serving a life sentence after his daughter recanted rape allegations against him.
Wambua was freed on a cash bail of KSh30,000 as Justice George Odunga ordered the case to begin afresh.
“The case should begin afresh and all sentences by the Kithimani Court and High Court be quashed. Wambua is an innocent person and there are no compelling reasons to deny him bond,” ruled Justice George Odunga.
Wambua has been serving a life sentence after he was found guilty of defiling his 10-year-old daughter in 2011.
His daughter, Dorcas Wambua, recanted her evidence saying that the whole ‘rape’ case was choreograophed. She says that her mother planned to frame the dad for her 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. Justice didn’t happen at the time of trial since Pw2 was a minor and was under coercion by the mother,” added Justice Odunga.
In May 2019, a three-judge bench sitting at the Court of Appeal had declined Wambua’s application on a technicality.
Justices William Ouko, Wanjoru Karanja, and Jamila Mohamed ruled that Wambua’s application was filed late, way after the court-set timelines for producing new evidence had already lapsed.