By Patrick Mutisya,
Justice George Odunga has ordered the release on bail of a middle-aged man who is serving a life sentence at Kamiti Maximum Prison for defilement of his daughter pending a retrial.
In his ruling on Wednesday, December 16, the Machakos High Court judge set aside the life imprisonment sentence imposed on the man by the Kithimani Law Courts, referring the matter for mention on December 21, 2020 at the same court where the public prosecutor will decide whether to retry the case or dismiss it.
The convict’s appeal case was taken up by the Kenya National Commission on Human Rights in October 2014 after some of the witnesses recanted their testimony.
The convict was sentenced to life in prison on January 26, 2012, after he was found guilty of incest and defilement of his then 15-year-old daughter on testimony from witnesses who have since publicly recanted their statements.
He had been arrested on April 28, 2011, at a village in Mamba Location, Yatta Sub-County following the complaints.
