I Am Relieved, Says Julius Wambua After Court Terminates Retrial Of Incest Case
Julius Wambua, the man who was sentenced to life in prison in 2011 for allegedly raping his daughter, is a relieved man after a court terminated his retrial.
Mr Wambua had already served eight years in prison before his daughter Dorcas Mwende recanted her damning statement saying she had been coached by her mother Jackline Nzilani to frame him.
Last December, High Court Judge George Odunga overturned the sentence and released Wambua on a cash bail of Sh30,000 pending retrial.
On Tuesday, January 26, a Kithimani court quashed a retrial after the Director of Public Prosecutions (DPP) terminated the criminal proceedings.
However, this does not entirely exonerate Mr Wambua as the DPP had earlier indicated that he is seeking to appeal the High Court decision that saw Mr Wambua walk out of Kamiti Maximum Prison.
“I have proceeded to terminate the charges under Section 25 of the Office of the Public Prosecutions Act. The cash bail is to be released to the depositor,” Ms Eva Wambugu, the senior resident magistrate at Kithimani Law Courts, ruled.
Mr Wambua celebrated the decision today as he crossed his fingers that he will eventually emerge triumphant.
“I have been carrying a heavy burden on my shoulders but now I am relieved. I am glad the Kithimani court has put an end to the criminal proceedings,” he said, adding that the freedom would enable him to concentrate on settling down.
Clad in a red jacket, white top, a scarf and braided hair, the diminutive, dark-skinned mother of five leads us to where she currently lives in Nairobi without hesitation.
“I’m not afraid of anything as I’ve no regrets over what happened to him [Wambua]. I’m ready to face the court and testify as I swear I never coached Mwende [her daughter] to lie,” states Ms Nzilani, 46, as she settles down for the interview.
She is repeatedly interrupted by her three-year-old son, whom she had with her current husband.
The boy wants to be served tea, and is oblivious of all the media interest that the story of her mother’s past has attracted.
THE STANDARD By
Erastus Mulwa |
December 21st 2020 at 20:19:00 GMT +0300
The DPP has been given five weeks to decide if Julius Wambua will be charged afresh.
A Kithimani court has given the Director of Public Prosecution (DPP) five weeks to decide if fresh charges will be pressed against former convict Julius Wambua, who was released last week by the High Court following a successful petition to overturn a wrongful conviction.
Senior Resident Magistrate Eva Wambugu on Monday directed that the mention for directions in the retrial of Wambua on alleged incest charges be conducted on January 25 next year.
The prosecution had sought for time to study Wambua’s case files as well as last week’s judgment delivered by Justice George Odunga in Machakos.