A man jailed for life for defiling his daughter is now seeking freedom after she retracted her evidence.
The man, code-named JWM, has now formally urged the court to release him since the daughter, now an adult, said she lied to fix him.
To support his case before High Court judge George Odunga, he filed an affidavit sworn by his daughter who is now an adult, explaining that her mother alongside two police officers forced her to fix her father back in 2011.
The sole reason for fixing her old man, she said, was so that the mother can sell off their property in Machakos County.
“The guilt for having given false testimony against my father has been tormenting me since, and I made a conscious decision as an adult to confess my lies and seek forgiveness because I am truly penitent and have been traumatised to see my father suffering while he is innocent,” the girl claimed in her affidavit.
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However, the Director of Public Prosecution (DPP) Noordin Haji urged the court to dismiss the new case saying the man and his 23-year-old daughter have closed ranks with an intention to hoodwink the court for the man’s freedom.
“Seven years now down the line, the two witnesses have sworn affidavits allegedly recanting their evidence on the same grounds as adduced by the petitioner during his defence hearing, is it a coincidence? No, but a calculated move by the parties to mislead this court. I have analysed the alleged new petition. The same is mere repetition of what was dismissed by three courts,” the DPP argued. “Three different courts separately sat, heard and concluded that a man was guilty of incest.”
The last straw in the man’s quest for freedom was a Court of Appeal judgment by Justices William Ouko, Wanjiru Karanja and Jamila Mohamed who affirmed that he ought to spend his entire life behind bars for a heinous act on his then 15-year-old daughter.
“Incest is by all means a very serious offence. A parent is the one person a child trusts most in his or her life. When such parent ceases to be the protector of the child and turns predator, the betrayal of that trust is unfathomable.”
That would explain why the law provides for such seemingly harsh sentences for incest, the judges observed while slamming the last door for him to be freed. Yesterday, JWM put up a spirited fight before High Court judge George Odunga, arguing that he is a victim of a concerted effort by his estranged wife codenamed JN to allegedly eliminate him after their love went sour. “Sometime in 2015, DM, my daughter aforesaid visited me at Kamiti Maximum Prison and sought my forgiveness for having given false testimony against me during my trial,” he claimed.