The High Court in Nakuru has quashed the conviction of former Nakuru North MP Dickson Kihika Kimani’s daughter Peris Njoki.
Peris is Nakuru Senator Susan Kihika's sister, fathered by the same man who was also a popular politician.
According to a report by the Saturday, June 13, Daily Nation, Peris had been sentenced to 2 years in jail on May 29, 2015, for assaulting her sister Caroline Kihika.
The High Court ruled that the trial magistrate had erred in convicting Peris without watertight evidence.
“The prosecution’s evidence was not enough to prove that the appellant (Peris) indeed assaulted her sister,” ruled Justice Racheal Ng'etich.
The judge explained that the prosecution’s evidence pointed to a fight rather than an assault, which she Peris had been convicted of.
“Prosecution witnesses admitted that they found the appellant fighting with her sister and even attempted to separate them. Nobody saw the alleged assault,” she noted.
Justice Ngetich criticised the magistrate’s ruling, claiming it was not objective.
“The burden of proof was shifted to the appellant, who must be presumed innocent unless proven guilty,” she ruled.
The Kihika family has been battling internal wrangles that sparked from the estate left by the late powerful politician.
The patriarch served in three different constituencies during former presidents Jomo Kenyatta and Daniel arap Moi’s regime and died in 2004.
He left behind eight widows and 41 children among them the Nakuru senator.
His Ksh600 million estate has been the subject of a legal battle among his widows and has trickled down to their children.died fight
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