Daniel Wanyeki Gachoka, 59, was freed after serving 17 years in prison for a wrongful conviction of defiling his daughters.
- A new trial has been ordered by the Office of the Director of Public Prosecutions (ODPP).
- Wanyeki’s lawyer is raising concerns about rights violations and flaws in sexual offense laws.
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After spending 17 years in Kamiti Maximum Security Prison for a crime he didn’t commit, 59-year-old Daniel Wanyeki Gachoka was released last week, only to be re-arrested shortly after. He is now being held at Ruiru Police Station as he awaits a new trial.
Wanyeki had been sentenced to life imprisonment in 2007 after being accused of defiling his two underage daughters. However, the Kiambu High Court overturned his conviction, citing new evidence that proved his innocence.
Coerced Testimonies Unveiled
The turning point came when Wanyeki’s daughters, now adults, confessed that their accusations had been fabricated. In their testimony, they revealed that their grandmother had pressured them into falsely accusing their father.
“The court accepted their confession, acknowledging that the original testimony was coerced and not based on truth,” the ruling stated.
This revelation led the High Court to rule in Wanyeki’s favor, ordering his immediate release.
A New Trial Ordered
Despite the exoneration, the Office of the Director of Public Prosecutions (ODPP) has directed that Wanyeki face a fresh trial. On November 28, 2024, he appeared before Principal Magistrate Yusuf Baraza at the Thika Law Courts. However, formal charges were not filed as the ODPP requested additional time to review the case.
The court has ordered that Wanyeki remain in custody at Ruiru Police Station until December 4, 2024, pending further developments.
Lawyer Raises Rights Concerns
Wanyeki’s lawyer, Kiroko Ndegwa, criticized the ongoing legal process, arguing that his client’s constitutional rights are being violated.
“It is a breach of his rights to be held in custody for over 48 hours without formal charges being filed,” Ndegwa stated.
The lawyer also pointed out flaws in Kenya’s sexual offenses laws, emphasizing the risk of wrongful convictions based on insufficient evidence or fabricated claims.
“Cases like this highlight the need to reform laws to prevent innocent individuals from being punished for crimes they did not commit,” he added.
Family Optimistic for Justice
Wanyeki’s elder sister, Margaret Gachoka, has been a pillar of support throughout his legal battle. She expressed optimism that justice will eventually prevail.
“We have fought for years to clear his name, and we believe he will finally be free,” she said.
Calls for Legal Reforms
This case has reignited debates around Kenya’s criminal justice system, particularly the handling of sexual offenses. Critics argue that while protecting victims is paramount, there must also be safeguards to prevent wrongful convictions.
As the case unfolds, Wanyeki’s plight serves as a sobering reminder of the flaws in the justice system and the importance of balancing justice with fairness.
