Machakos court gives DPP 30 days to decide if to charge man in false incest case

The case of a man, Julius Wambua, who was jailed for life in 2011 over what turned out to be a false incest accusation by his daughter has case begun afresh at the Kithimani Law Courts with the Director of Public Prosecutions being given one month to decide whether or not to charge him afresh.

Machakos Senior Resident Magistrate Eva Wambugu, while making the ruling Tuesday, said that she has considered the application by the ODPP indicating is not ready to launch an appeal.

“I have considered the application and they are not ready to take plea on the ground that they would want to launch an appeal on the decision of the High Court and have time to peruse the ruling before making a decision on the way forward,” Ms Wambugu said.

The magistrate allowed the DPP to make that decision and at the same time allowed Mr Wambua to remain free on the Sh30,000 cash bail that was given by the High Court in Machakos pending the decision for retrial.

She added that since the case has taken long, the prosecution must expeditious and dispose the matter in the shortest time possible.

Lawyer Cyrus Maweu, who is representing Mr Wambua, said that it was okay for ODPP to pray for more days to get and peruse the files together with the judgement so as to know the fate of the defendant on whether the case would start a fresh or not.

The case will be mentioned on January 25,202.