Man framed by girlfriend in theft case freed after two years in jail

The High Court has released a man who has been in jail since 2013 after it found he had been framed for theft.

Sammy Waithaka had been accused by his girlfriend Mary Rimi of stealing her handbag during a confrontation in a bar, prompting his arrest and subsequent conviction by a Kerugoya court.

In an incident that pokes holes into the country's judicial process, the Court of Appeal found that Mr Waithaka, who was Ms Rimi's landlord, had been wrongly convicted.

He is said to have differed with the girlfriend after he allegedly declined to refund the Sh50,000 deposit she had paid in advance  for a shop he had leased to her.

The lady is said to have stormed out of the bar in anger after the quarrel, leaving the purse behind.

Waithaka told the court that he took the bag and followed Rimi only for him to be accused of handling stolen property.  The purse is said to have contained Sh51,000 and lip balm.

In his ruling, Justice Richard Limo set Waithaka free, noting that his prosecution flouted procedure as he was taken to court before a formal complaint was filed. On the theft charge, Waithaka told the court under oath that he was taking the purse to Rimi contrary to the claims he had stolen it.

"The appellant appeared to have been arrested and charged in court before a formal complaint was made, which is a bit odd and this may explain the reservation expressed by the appellant in this appeal that there was more to the charge facing him than meets the eye," the judge noted.

In the case Waithaka told the court that he was arrested whilst taking his lover her purse. He told the court that his girlfriend owed him some rent money for a shop he had leased out to her and that there was a disagreement over some money she had paid to him as deposit.

"She admitted owing the appellant some money and that she had already paid him some deposit," the judge noted. The court noted that her testimony also differed with that of the arresting officer, who said he arrested Waithaka at midnight while drunk with the purse.

Wrongful arrest

"This, in my view, is inconsistent with the evidence adduced by prosecution witness one and prosecution witness two and to that extent the trial court erred by failing to direct his mind to the inconsistency. I also find it odd that the police did not explain to the trial court why they arrested the appellant if they had no prior knowledge of the crime," the judge ruled.

In the appeal, the State had opposed his release, arguing that the prosecution had proved to the lower court that Waithaka took the purse without Rimi's permission.

"This court is unable to establish whether it was a question of a relationship gone sour or the issue of transaction and the attendant obligations. Whatever the case, what is clear in this appeal is that it has merit. The prosecution failed to prove the case beyond reasonable doubt. There were many doubts demonstrated above which should have benefited the appellant at the trial," Justice Limo said.