• Fri. Jan 22nd, 2021

Julius Accused Of Defiling Daughter

ByGladwell Wanjiku

Dec 18, 2020

Julius Wambua has been serving a life imprisonment sentence after he was convicted of incest eight years ago. He has been set free after the emergence of the new evidence which was favoring him. Justice George Odunga was delivering the judgment in Machakos on Wednesday 18/12/2020. Julius is at last a freeman. This is after the court quashed the jail sentence that had started on January 24, 2012, by a principal magistrate’s court in Kithimani.

Julius was framed and aressted

Julius faces the accusation of defiling his daughter Dorcas Mwende. When the incident occurred she was 16 years of age. As a result of this, Kamiti Maximum Security Prison became his new home. It later emerged that her mother coached Mwende to give false evidence. The aim was to fix her husband in jail since they had marital differences. Court papers show that Wambua’s lawyer invoked Article 50{6} a and b of the constitution. It gives room for a new trial for a criminal offence if the person’s appeal has been dismissed by the highest court to which the person is entitled to appeal.

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On this basis, Wambua moved to the High court in Machakos and filed an application. He was petitioning the Court to overturn the judgment that had condemned him to life imprisonment. “Julius, who is the first petitioner continues to serve a life imprisonment term for a crime he was falsely accused of having committed,” Said the lawyer.

Julius says her daughter withdrew her testimony

Mwende was forced to accuse her father of defiling her

Wambua had pleaded that her daughter who was the complainant, withdrew the testimony. It was a frame, under threats and so much force by her mother on the child. In his judgment, the high court judge, David Odunga, says the evidence before him was convenient and satisfying. He says the evidence brought before him was not a lie. “What should the court do when someone places evidence on its laps and was not there in the original trial? Should the court close its eyes to new and compelling evidence presented?” said Odunga.

He said that the court should not encourage injustice but should be on the lead to serve justice. “Justice should not be conducted in a manner that is not fair,” Odunga added. He says that Mwende testified on an oath that evidence was extracted through threats by her mother and the police in order to pave way for their mother to access the property.

Mwende shed tears of joy

 Mwende, who attended the session, broke into tears of joy after the court freed her father. “I’m so happy that I can finally find some peace of mind. The many years my father has been in jail have been full of guilt and self-hate,” she said.