A senior citizen sentenced to serve a life term in prison by an Eldoret court for defilement, now wants the High Court to set him free, claiming he was framed.
Luke Owino, who was sentenced to life imprisonment by an Eldoret Magistrate’s court, after he was found guilty of defiling a minor, wants the High Court to set him free on grounds that the charges were framed up against him.
Seventy-eight-year-old Owino, who was convicted of defiling an eight-year-old girl, told the court that he was too old to continue languishing in prison on framed-up charges, that he claims were orchestrated against him by the girl’s mother.
The emaciated inmate pleaded with Eldoret High Court Judge, Justice Reuben Nyakundi, to accord him freedom, arguing that he did not commit the offense, alleging it was all lies aimed at tarnishing his name.
Owino told the court that he was not on good terms with the complainant’s mother, after he turned down her request to borrow foodstuffs at his roadside grocery stall, after she made a habit of not paying for goods taken previously.
“The mother of the minor framed me for the charge, after I turned down her request for more goods on credit from my grocery, after failing to clear other debts for goods she took previously,” said Owino.
In his appeal, Owino contended that the lower court erred in sentencing him to life in prison, arguing that the prosecution did not prove the case against him beyond reasonable doubt.
He argued that the medical records produced in court as evidence against him, were not stamped and verified by a medical doctor at the Moi Teaching and Referral Hospital.
“The scene of crime officers, never visited the scene where the said crime was committed and also no statements were recorded from me and the minor,” he added.
Owino was defending himself at the High Court, where he had appealed a March 3, 2023 Judgment where Chief Magistrate Peter.N. Areri, handed him life imprisonment for defiling the eight-year-old complainant.
He was accused of committing the offense on June 4, 2021, at Huruma informal settlement area at the outskirts of Eldoret town in Uasin Gishu County.
The Judge ordered the convict to be returned to Eldoret GK remand prison until March 27, when his fate will be decided.
By Kiptanui Cherono