The High Court has released a man who has been in jail for two years after it was discovered that he was wrongfully convicted in 2013.
The man identified as Sammy Waithaka was allegedly set up by his girlfriend after they engaged in a confrontation in a bar, leading to his arrest and subsequent conviction by a Kerugoya court.
The court of appeal found out that the man who is a landlord differed with his girlfriend Mary Rimi after he allegedly declined to refund Sh50,000 deposit she had paid in advance for a shop he had leased to her, the Standard reports.
The lady is said to have stormed out of the bar in anger after the quarrel, leaving behind her purse which is said to have contained Sh51,000 and a lip balm.
The accused told the court that he took the bag and followed Rimi only for him to be accused of handling stolen property.
Waithaka who was Rimi's landlord told the court under oath that he was arrested while taking the purse to Rimi contrary to the claims he had stolen it.
He submitted before the court that his girlfriend owed him some rent money for a shop he had leased out to her and that there was a disagreement over some money she had paid to him as deposit.
The court noted that her testimony also differed with that of the arresting officer, who said he arrested Waithaka at midnight while drunk with the purse.
In his ruling Justice Richard Limo set Waithaka free, noting that his prosecution flouted procedure as he was taken to court before a formal complaint was filed.
