Daniel Wanyeki Gachoka, 59, has been re-arrested and detained despite his recent exoneration from a 17-year imprisonment for alleged child defilement.
Gachoka was initially convicted in 2007 after his two daughters provided testimony that was later revealed to be coerced by their grandmother. Last week, the Kiambu High Court overturned his conviction after the now-adult daughters testified that they had been compelled to provide false evidence against their father. The court acknowledged the fabricated nature of the original accusations and ordered Gachoka’s release.
However, the Office of the Director of Public Prosecutions (ODPP) recommended a new trial, leading to Gachoka’s renewed detention. On November 28, 2024, he appeared before Principal Magistrate Yusuf Baraza at the Thika Law Courts, where the ODPP requested additional time to review the case. As a result, Gachoka was not formally charged but was ordered to remain in custody at Ruiru Police Station until December 4, 2024.
Gachoka’s legal representation attorney Kiroko Ndegwa has raised concerns about potential constitutional rights violations. Ndegwa argues that detaining Gachoka for over 48 hours without formal charges constitutes a breach of legal protocols. Furthermore, he criticizes the broader legal framework surrounding sexual offence cases, emphasizing the need for systemic reforms to prevent wrongful convictions based on unsubstantiated claims. Gachoka elder sister Margaret expresses cautious optimism that justice would ultimately prevail after years of fighting for his exoneration..
“This is yet another case of a similar incident. It is not easy to find people committing sexual offences red-handed but the aspect of beyond reasonable doubt seems to be largely overlooked as I am convinced it was in this matter,” Ndegwa says.
