A three judge bench consisting of Justice William Ouko, Wanjoru Karanja and Jamila Mohamed have dismissed an appeal by Wambua Musyoki to have his daughters confession admitted as evidence in his appeal.
The court of appeal said that the application was time barred as time for filing and admitting evidence had lapsed.
The Prosecution counsel, Moses Ome’rera while objecting to Wambua’s request to admit the inmate’s evidence and asked court not to allow the request as it will open door to every other person who enters into a negotiation after a case is closed to recant testimony.
In his appeal, Wambua argued that the rape victim, who was the prosecution key witness, and is Wambua’s daughter, recanted her evidence, hence he wanted the court to consider the turn of events.
His initial appeal he had argued that the court had convicted him despite discrepancies in the medical report and the inconsistencies in the evidence by the victims sister. The prosecution agreed that there were some inconsistencies on the dates especially on dates but said that the evidence was factual and that Wambua’s appeal should be dismissed.
Wambua’s story came to the limelight after it was aired on Citizen’s TV Prison diaries.He is currently serving a life imprisonment sentence after being accused of defiling his ten year old daughter in 2011.