Julius Wambua, the man who was sentenced to life in prison in 2011 for allegedly raping his daughter, is a relieved man after a court terminated his retrial.
Mr Wambua had already served eight years in prison before his daughter Dorcas Mwende recanted her damning statement saying she had been coached by her mother Jackline Nzilani to frame him.
Last December, High Court Judge George Odunga overturned the sentence and released Wambua on a cash bail of Sh30,000 pending retrial.
On Tuesday, January 26, a Kithimani court quashed a retrial after the Director of Public Prosecutions (DPP) terminated the criminal proceedings.
“I have proceeded to terminate the charges under Section 25 of the Office of the Public Prosecutions Act. The cash bail is to be released to the depositor,” senior resident magistrate Ms Eva Wambugu ruled.
Mr Wambua said he was relieved by the court’s ruling saying his newfound freedom would enable him to focus on settling down.
“I have been carrying a heavy burden on my shoulders but now I am relieved. I am glad the Kithimani court has put an end to the criminal proceedings,” he said.
Wambua is, however, not out of the woods completely as the DPP had earlier indicated that he is seeking to appeal the High Court decision quashing his conviction.
“We await to be served with the appeal to see what concerns they are raising, what areas of dissatisfaction they have with the judgement of the High Court and then we shall respond and the Court of Appeal will hear us and finally render its final decision,” Wambua’s lawyer, Cyrus Maweu, said on Tuesday.
The 56-year-old worked as a guard at a Kenya Wines Agencies Limited orchard in Yatta, Machakos County when he was arrested on April 28, 2011.