Man 'framed' for defilement to know his fate in 4 months

The man whose daughter recanted her testimony after accusing him of defilement will wait four months to know whether the case will be reviewed.

Julius Musyoki Wambua was jailed in 2011 at Kamiti Maximum Security Prison after he was convicted and his case closed.

Mr 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.

TIMELINES

On Tuesday, Court of Appeal judges William Ouko, Wanjiru Karanja and Jamila Mohamed said Mr Wambua will know his fate on September 27.

They noted in their ruling that the window for him to appeal against his conviction had closed.

“The court set timeliness for filing and producing evidence. That time has since elapsed,” their ruling stated.

The girl said her mother told her to lie about being defiled as a minor more than eight years ago.

The move spells hope for Mr Wambua but the case may not be simple as his elder daughter, who testified that she saw the crime taking place, has not recanted that evidence.

ARGUMENTS

Mr Wambua's lawyers Cyrus Maweu and Mike Mwema have argued that the other girl's testimony should be considered as having been given in bad taste.

The prosecution has protested against his challenge and asked the curt to dismiss it.

The team says that if his arguments are considered, there will be leeway for people who enter negotiations after cases are closed to recant their testimonies

During interview aired in March, Mr Wambua said he was framed by his estranged wife following a row over a parcel of land.