Court wipes out 15 yr jail term for Wagner

March 22, 2011 12:00 am

, NAIROBI, Kenya, March 22 – The High Court has quashed a jail term against former Java boss John Wagner, who faced 15 years behind bars after being convicted for defiling minors.

High Court judge Mohammed Warsame ruled that Mr Wagner was wrongly prosecuted since there was no credible evidence adduced in court.

He also observed that there were no through and independent investigations done to sustain a conviction against him and two of his co-accused Judy Nyaguthie and Faith Nyamweru, who had faced 10 years in jail each. 

The judge also pointed out that the lower court convicted the trio yet there were evident contradictions in the evidence.\’

Mr Wagner was jailed in 2009 but was freed on bail pending the appeal.

He had been found guilty of defiling the minors aged between 13 and 14, but the judge ruled that there were no tests done  on the girls to ascertain their true age at the time.

He also concurred with Mr Wagner\’s lawyer Kioko Kilukumi that there was no scientific evidence linking Wagner with the offenses.

Justice Warsame further ruled that Mr Wanger\’s rights were violated after the court made a case other than the prosecutions, by amending the charges while delivering the verdict.

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