BY SAM ALFAN.
A Nyandarua man convicted and sentenced to 43 years in jail for murder is a free man after his conviction and sentence was quashed by the Court of Appeal.
Julius Lesho Tengesi was a happy man after the court of appeal quashed his imprisonment as it was not safe because the offence was not proved to the required standards.
Court of Judges Fatuma Sichale , Lydia Achode and Weldon Korir said it would be superfluous to uphold the sentence imposed on Tengesi having found that the conviction was not safe.
“Accordingly, we quash the conviction and set aside the sentence imposed on Tengesi and order that he be set on liberty forthwith unless lawfully held,” said Judges in their decision.
The man was sentenced in 2013 for the murder of Joseph Kimani Kariuki alias Sendeu an offence he was accused of committing on 13th July 2007 in Ngamini village in Nyandarua.
The judges said that their evaluation of evidence on record , they were satisfied that the offence was not proved to the required standard beyond any reasonable doubt.
“Whereas it maybe true that there was serious suspicions that Tengesi may have I need killed the deceased, coupled with the fact he did not appear to be credible witness, it has been stated severally that suspicion however strong cannot be basis of finding a conviction and we are inclined to give Tengesi the benefit of doubt,” said the three appellate judges
He co-accused George Kimani Kinoti was acquitted for the offence after court found no circumstances linking him to the murder directly.
The judges appreciated Senior assistant Principal prosecutor Duncan Ondimu’s move for conceding appeal and hasten to add that state counsel, being officers of the court , should when circumstances call for concession , be able to concede an appeal.
Ondimu requested the court to appoint a lawyer to Tengesi to advise him on his rights.
Mr Ondimu told the court that after perusing the entire file and in order to ensure justice is done , it would be prudent for the court to appoint a lawyer for the appellant(Tengesi) to advise him on his rights and evidence on the record.
“The object of a criminal trial is to find out what could have happened to the deceased and to find out the truth. A prosecutor plays an important role in guiding the court to reach a just and fair conclusion of a trial. As a prosecutor do occupy a special unique position in the criminal justice chain as a minister of Justice and as an officer of the court. Am required to be fair to all the parties in criminal cases,” Ondimu told the appellate judges.
According to Ondimu, limiting the appeal to question of sentence in the instant case may not serve the ends of Justice.
