Falsely accused of defiling daughter, man released after 17 years in jail

For the last 17 years, Daniel Wanyeki has celebrated his Christmas behind bars at Kamiti Maximum Prison.

But this year, he will celebrate with other members of his family following his release on December 4.

The Thika Law Courts, where he was convicted of defilement in 2007 and sentenced to imprisonment, including subsequent life imprisonment, granted him his long-awaited freedom on Wednesday after nearly two decades behind bars.

Daniel Wanyeki, who spent 17 years in prison, is now a free man, but under stringent conditions to observe his freedom.

Principal Magistrate Stella Atambo ruled in favour of Wanyeki's release, granting him cash bail of Sh100,000 and a surety of a similar amount.

Wanyeki's ordeal began in 2007 when he was accused of defiling his daughters, aged seven and nine at the time.

Initially sentenced to 20 years in prison, his sentence was later increased to life imprisonment upon appeal.

The case took a dramatic turn in 2020 when Wanyeki's younger daughter, now 24, admitted that her testimony had been fabricated.

She disclosed that relatives and a police officer had coerced her into falsely accusing her father amid a family dispute over their late grandfather's Sh50 million estate.

Earlier this year, the Kiambu High Court Judge Dorah Chepkwony quashed Wanyeki's conviction and ordered a retrial.

However, the Office of the Director of Public Prosecutions (ODPP) sought additional time to respond to an application by Wanyeki’s lawyer, Kiroko Ndegwa, seeking his release.

On November 27, Principal Magistrate Yusuf Baraza granted the ODPP’s request for more time and scheduled the matter for mention before Principal Magistrate Stella Atambo on December 4.

 Before the ruling, prosecution counsel Christine Torome submitted that the prosecution required time to have the new evidence and circumstances taken into account before a retrial.

“The applicant is hereby released on a bond of Sh100,000 and a surety of a similar amount or an alternative cash bail of the same amount and a contact person who will avail a copy of the identity card and give a written undertaking of the accused person to attend the court in future,” Atambo said.

The Chief Magistrate also ordered Wanyeki to report to OCS Ruiru police station once every two weeks on Tuesdays at 9.00 am as submitted by the prosecution.

“The applicant must not be into contact with the maternal grandmother of the complainant or his mother-in-law and must desist contact with brother-in-law and if it happens it will construe as a threat to the life of the two people above mentioned,” the Magistrate added.

Wanyeki’s lawyer Kiroko Ndegwa said the ruling is a testament that human rights and fundamental freedoms are upheld.

“My client is merely an arrested person who has not been charged, am happy that the court has granted the bail and a few conditions to meet, we welcome the ODPP to come in court next year and tell the court whether they will prosecute or not,” Kiroko said.

Wanyeki, 59, promised to observe peace and adhere to the court's directions.

“For the past 17 years, I have learnt a lot. This is not the Wanyeki people knew in 2007. I have been transformed and made a new person I have been trained in how to live peacefully with people. I thank the court so Much,” Wanyeki said.

His daughter Hannah Wangari who was three years old when he was jailed said she has been questioning herself so much and asking when will her father be released.

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“We were taken to the children’s home and I came to learn later when I grew up that my father was jailed. I have missed the fatherly love for 17 years, and I am happy that today we will go home with him as the court has granted him the freedom," she said.

Wanyeki’s elder sister Margret Ngotho said for the last 17 years, she would visit her younger brother in Kamiti once a month.

She added that as a family they have organised where he will be residing.

After his family deposited the cash bail, they headed to Ruiru police station some minutes after 7.00 pm and went home with Wanyeki.

His case will be mentioned on January 22, 2025, when the ODPP will tell the court whether they will continue with a retrial as was earlier directed by the Kiambu High Court.