How a stranger’s beer offer and gaps at trial locked woman in jail

On November 7, 2010, Lydiah Achieng (pictured) went to enjoy a drink at a local bar, touching off events that led her to end up being put behind bars for 10 years.

On the fateful day, it was hot in Kiserian, Kaijado County, as she walked into Legaro Bar to quench her thirst, according to court papers.

But shortly afterwards, the life of the mitumba seller would be turned upside down.

Achieng’s short testimony before the trial court was that she had gone to the bar to quench her thirst after a long day selling clothes.

A man who she did not identify, according to court records seen by The Standard yesterday, offered to buy her two bottles of beer.

As she was having her first bottle, a woman named Sophia Lepuchelit stormed the bar with a young boy in tow.

Achieng has accused Lepuchelit of framing her, leading to her imprisonment for 10 years.

The fight between Achieng and Lepuchelit was not about the young boy; rather, it was about this unnamed man.

According to court records, Lepuchelit asked Achieng who she was and whether she knew the man who had bought her alcohol and how they related.

A heated exchange ensued during which Achieng’s accuser allegedly insulted her, claiming that she had stolen her husband.

She vowed to teach her a lesson, then left.

Achieng, too, left the bar, heading to Kiserian Police Station to report the incident.

Contrary to her testimony on Inooro TV that she was arrested while in a salon, her testimony before the court was that Lepuchelit managed to get to the station before her and filed a complaint.

She told the court that she found her accuser and the police waiting for her at the station and she was arrested.

She later learned that she was being accused of committing an indecent act with a minor. She denied the charge.

The particulars of the charge were that she intentionally and unlawfully defiled a 13-year-old boy in 2010 at Leiser Estate in Kajiado

“I used to sell clothes. I understand the charges. I knew nothing about this case. I was at a bar called Legaro on November 7, 2010.  A man bought me two bottles of beers, a lady came in the company of a young boy. She demanded to know who I was and also demanded to know who was the man who bought me beer,” read her testimony before the Kibera Magistrate’s court.

“She alleged that I was having an affair with her husband. She started calling me a prostitute. I went to report at Kiserian Police Station but on the way she passed me. I was not given a chance to report. I was told that they were waiting for me. The police did not hear my plea of innocence.”

Achieng told the court that Lepuchelit had vowed to teach her a lesson. But Achieng told the court that her accuser later promised to forgive her.

“The lady threatened to frame me with serious charges. I learnt about the case and I was shocked. The complainant wanted to forgive me,” she testified in her defence.

The State called four witnesses – a 13-year-old minor, Lepuchelit, a guest house manager named Silvester Tanui and the investigator of the case, Police Constable William Kamau.

The boy named as R.L testified to the court that Achieng lured him to have sex three times.  

According to the boy, he knew Achieng out of selling clothes in the same building where his mother Lepuchelit had her business.

He claimed that she lured him to have sex three times and that he stole his mother’s money to go spend with her.

Lepuchelit was the second prosecution witness. She told the court that on November 7, she was out of the house.

Her house help, whom she did not name, called her at around 8pm claiming that she had seen Achieng with her son in her house, adding that she had come to defile him.

The woman narrated that she sought Tanui’s help and confronted Achieng, then reported the incident to the police.

Tanui corroborated what Lepuchelit had told the court.

Although the house help would have been the key witness to determine whether Achieng was guilty as charged, she was not called to testify.

Other than the claim of forgiveness by Acheing, the record does not disclose whether Lepuchelit was willing to withdraw the case.

The last witness in the case, Constable Kamau, told the court that Lepuchelit came to the police station on November 7, 2010, with three others – her unnamed house girl, her son and Tanui.

He testified that he interrogated the boy who recounted how he slept with the accused three times and that he stole his mother’s money from a pool table business to go spend with Achieng.

He claimed that upon questioning Achieng, she said the minor was her boyfriend.

“I interviewed the accused and she said he was her boyfriend. She knew the complainant. I interrogated the boy who narrated how the accused would have sex with him,” Kamau testified.

Court records do not show whether an identification parade was done.

Kibera Magistrate D. Onyango on August 25, 2012, sentenced Achieng to 10 years in jail.

Boy’s testimony

The magistrate said the boy’s testimony and that of other witnesses before the court was believable while the account by Achieng created doubts on whether she was telling the truth.

Achieng filed an appeal before the Criminal Division of the High Court. She was not represented by a lawyer.

Instead of challenging the conviction and the testimonies of her accusers, Achieng’s plea before Justice Ngenye Macharia was that she was sick.  She urged the court to pardon her.

Apart from the testimony that she was sick, there was no medical report confirming this.

The prosecution apposed the appeal, saying that it had proved its case against her.

While dismissing her appeal on July 28, 2016, the judge said Achieng was lucky not to get more years in jail as the State did not indicate that it wanted to have the sentence enhanced.