Woman narrates agony of 10 years in prison for 'wrong' defilement charge

Lydia Achieng' narrated how she has served at Lang'ata Women's Prison on a fabricated offence.

Prison authorities yesterday said a woman allegedly wrongly convicted for a sex offence had declined media interviews, citing an assurance by the Director of Public Prosecutions (DPP) to have her case reviewed.

The plight of Lydia Achieng, who is incarcerated at Lang'ata Women's Prison, was brought to light in an interview with Inooro TV, prompting the intervention of the DPP. 

"Attached media clip has been brought to the attention of the DPP. Despite the fact that convict was charged during the era of police prosecutors and before the 2010 Constitution, the DPP has directed that an immediate followup be done," read a statement posted on the official website of the office of the DPP.

Redesign life

But if Achieng could redesign her life, her only wish would be for it to turn out as neat as her well-drawn eyebrows.

But no matter how much she draws them, or how fancy she plaits her hair, her biggest regret is being denied the chance to enjoy her youth.

“All my youth has withered away in this prison,” she said before breaking down and sobbing.

For 10 years, Achieng has stayed behind bars, allegedly due to a prosecution technicality in a case she was accused of defilement.

According to her account, at the time of her arrest, she was in a salon, her head under a dryer. Even her mother could not comprehend what had been written in the Occurrence Book. It was the first time she had encountered the word defilement.

“She asked: what is defilement? What does it mean? She was told it meant one has had sex with an underage person. She immediately started screaming,” narrates Achieng.

According to Achieng, a woman identified as Sophie levelled the charges against her. The two, according to her, had had exchanges over a relationship between their two teen charges.

Achieng said an orphaned girl she was taking care of had developed a romantic relationship with Sophia’s son.

The two were in Class Eight studying in different schools but had somehow found a way of spending time together.

Achieng said at the time, she did not consider the relationship a thorny issue. She even consulted her mother, who advised that she speak to the girl and Sophia as well to have a chat with her son on the matter.

She said a year passed without any confrontation between them. Both women had businesses premises in the same building in Kiserian: Achieng used to sell clothes on the ground floor of the building while Sophia operated a bar on the top floor.

It was much later that the topic of the two lovebirds was revisited when the girl dropped by Achieng’s place of work and bumped into Sophia.

She confronted the two teenagers.

“But Rajab said he only borrows books from my girl, and that’s it. That topic was never revisited,” she said.

Achieng said the next time the two met, the accusation was different. This time Sophia claimed that her son was stealing money from her and sharing it with Achieng. She was perturbed.

“That is when I warned my girl. I told her if I ever see her with Rajab, I would beat her up or send her back to the village,” she said, believing the issue had been resolved.

Two weeks later, she said, while in the salon having her hair done, her head under the dryer,  Sophia descended on her with plainclothes police officers.

“I asked them what the issue could be but I was told I would be made aware once I got to the station,” said Achieng. She decided to inform her mother.

Without explanation, she claimed, she was hurled into the cells and her mother informed that she was in for defilement.

Achieng said she had never been in court before and was ignorant of procedures and, considering she had no lawyer, she was doomed right from the beginning.

“I kept on raising my hand to plead with the magistrate but I was never given a chance to speak. I was told to just say yes or no,” she recalled.

She pleaded not guilty and was remanded. That was 2010. Her case went on for a year. She had no money for bond.

Inmates at Langata Women’s Prison where Lydia Achieng’ is incarcerated. [File, Standard]

For that whole  year, the complainant, Sophia, did not appear in court, she claimed. Even the file of the police investigations file was never brought to court, she said.

When the court told Sophia that the case would be withdrawn if she did not appear in court, she said, a court clerk informed her that her case was being withdrawn by the complainant.

At the court, Achieng claimed Sophia admitted before the magistrate that she had wrongly accused Achieng and that she wanted the case withdrawn. It was supposed to be a sigh of relief for Achieng, but it was not.

“For a case like defilement, murder, robbery, we do not allow one to withdraw just like that. Such a case needs authorisation from the Attorney General,” Achieng claimed the magistrate said.

A letter from the AG could not be obtained on time, and the case had to be determined. The magistrate said though such defilement cases attract life imprisonment, from the way Achieng’ had cried before the court, a 10-year sentence was fair.

“I was devastated. I lost hope,” she says, sobbing.

It was after six months when she tried to appeal, but without a lawyer, she only appeared in court some two years before the completion of her sentence.

“I know nothing about court proceedings,” says Achieng. She adds that she appealed to be set free instead of having her sentence reduced.

The High Court Judge, she says, told her that since she had two years remaining, she should just consider finishing the sentence.

“That was the most painful news I ever received. I have spent my youth in prison, listening to stories of people who committed the crimes they were convicted of, but I ask myself, what did I do? Why am I here?”asks Achieng.