Man escapes hangman's noose after 16 years in remand

A man sentenced to hang for killing his father has been set free after 16 years in remand.

Charo Karisa Salimu had been charged with the murder of his father Kibanje Salimu Mwanyele on July 24, 2001.

Court of Appeal judges Milton Makhandia, William Ouko and Kathurima M’inoti allowed Salimu’s appeal, quashed the death sentence imposed by the High Court six years ago and set him free.

“It cannot be therefore said on the facts of this case, that the appellant (Salimu) has been accorded a hearing within a reasonable time, considering that up to this point, he has been in incarceration for a total of 16 years,” the judges ruled.

The High Court sentenced him on October 25, 2010, for the murder of his father.

The court heard Salimu, on the night of July 21, 2001, allegedly hacked his father who survived, but faced a fatal attack three days later.

Salimu was arraigned in court on August 16, 2001, but the trial did not commence until June 5, 2003, when only his mother testified. The next hearing was scheduled for March 28, 2007.

Old constitution

Apart from Salimu’s mother, three other witnesses also testified before the case was adjourned to June 18, 2007, when only one witness testified and subsequently on September 18, 2007, one more witness was heard.

The hearing was adjourned to June 26, 2009, when two witnesses testified after which the case for the prosecution was closed and the hearing adjourned to enable parties to make submissions.

After the adjournment, the then High Court judge John Njagi who had been handling the case was transferred and Justice John Odero took over and delivered.

When Salimu was charged with the murder of his father under the old Constitution, it was mandatory that trials before the High Court be conducted with aid of three assessors.

In their judgement, justices Makhandia, Ouko and M’inoti noted the trial judge erred by acting on a mistaken belief that the law having changed, doing away with assessors was not prejudicial to Salimu.

“A trial which had commenced with the aid of assessors before the amendment had to be finalised with their participation and that if discharged halfway, the trial would be a nullity,” the judges said.

The judges said they cannot order a retrial as it could occasion an injustice.