Its a relief for a father whose daughter stood on trial and accused him of defilement after the same daughter, now an adult confessed having framed him after serving 21 years in jail.
Daniel Wanyeki Gachoka has been in jail at Kamiti Maximum Security Prison where he was convicted on two counts of incest in 2007 against his own daughters who stood on trial and testified against him claiming he had sexually defiled them.
Reports indicate that his two daughters were coached by their grandmother who is Daniel’s mother in law, their uncle, who is Daniel’s brother and a police officer who threatened the little girl to testify his father had repeatedly violated her.
The brother in question had been given a share of his property by their late father but sold it and returned home. That’s when he wanted to sell the family property against Daniel’s will. That’s when a plot against him started.
Plotted his revenge against his brother. Mr Gachanja was the first to claim his brother- Daniel was defiling his daughter. He told his sister Margret Mr Wanyeki was sexually assaulting his little daughters because his wife, who was struggling with alcoholism, had abandoned them. But these allegations were dismissed.
He approached the mother in law to Daniel, Ms Wanjiku, with whom they plotted to have Daniel thrown to prison claiming that he had defiled his own daughters. They took the daughters to Ruiru Hospital for examination. The court heard that the hymen of the seven-year- old was not intact but she did not have any lacerations or bruises.
Ms Wanjiku immediately filed a complaint at Ruiru Police Station. At the station, it would emerge later, that the girls were coerced to implicate their father in the crime. Mr Daniel Wanyeki was arrested and charged in Thika Law Courts with two counts of incest contrary to section 20 (1) of the sexual offences act and an alternative charge of incest.
In 2020, his daughter, Lucy Nduta, now an adult, reached out to his father at Kamiti and regretted that a senior police officer and her grandmother had coached her to fix him. She agreed to swear an affidavit to the effect she had been forced to give the false testimony. In light of the new and compelling evidence, the case was reopened on November 17, 2021.
I am the daughter of the petitioner therefore competent to swear this affidavit. That our maternal grandmother, Rose Wanjiku, came to our house in Gitothua in Ruiru and took us to Ruiru hospital and later to the police where she talked to a policewoman who later introduced herself to me and my sister as Aunt Odhiambo.
“She and our maternal grandmother told me to say that I had been raped failure to which she would shoot and kill me and my sister Lucy. That the said police officer and my maternal grandmother told me that if I co-operated, they would buy me a present.”
“My sister Lucy and I were then taken to Ruiru hospital again for some medical examination but never told of the examination result. That I was never raped by my father as alleged in the charge sheet
Prior to that, we used to play hide and seek with other children in the village up until late in the evening. During such time girls and boys would hide in bushes and other hidden places where they would engage in immoral conduct such as touching each other’s sex organs and sometimes sex,”
“I once caught my sister engaging in immoral behaviour with a neighbour’s boy and when they saw me, they ran away. That soon after our father was arrested, we were taken to Zabibu Children’s Centre in Kimbo and later to Christ our refuge in Githurai.”
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