The case of Lydia Achieng’ has shocked Kenyans and gone on to show how Kenya’s justice system is fraud.’ Ms. Achieng’, in an interview with Inooro Tv painfully narrated how she was convicted to 10 years in jail despite her accuser coming out to explain that she had wrongly accused her.
Achieng narrated how a neighbour in Kiserian had wrongly accused her of defiling a teenage boy who was a friend to an orphaned girl Achieng was living with. The neighbour – identified as Sophia – tried to withdraw the case but the court said such charges are not easy to withdraw once prosecution had commenced.
“Huyu mama akasimama akasema yeye amekuja kuwithdraw kesi alikuwa amenisingizia. Your honor akatoa macho nne akasema, kesi kama hii, defilement, murder haiwezi kuwa withdrawn bila barua kutoka kwa attoney general.
“Huyo mama na mamangu wakaenda kwa attoney general wakamkosa wakarudi siku ingine bado wakamkosa hadi siku ya kurudi koti,” she explained.
The magistrate after failing to get a letter from the Attorney General’s office convicted Achieng to 10 years imprisonment. Achieng, during the interview, explained that after the conviction she was too confused to file an appeal and when she eventually did she made a mistake in the filing as she had no lawyer and the appeal was thrown out.
Achieng is set to complete her sentence in a month’s time but laments that her entire youth has been wasted. “Watu wachunguze kwanza kesi juu mtu akikuwastia time mahali kama hapa hapa sio mahali pazuri. Mtu akikuleta kwa miaka kumi ama tano ama life sio mahali pazuri juu huyu mama ameniharibia wakati wangu yeye maisha yake inaendela huko nje. Hajawahi kuja kuniona ama kuona wazazi wangu,” a teary Achieng said.
Ms. Achieng’ now has just one month left in prison, but the Office of the Director of Public Prosecutions has said that it is following up the case. The DPP’s office said Achieng’s case was during the era of police prosecutors and the office would follow it up. “Attached media clip has been brought to the attention of the DPP. Despite the fact that convict was charged during the era of Police Prosecutors and before the 2010 Constitution, the DPP has directed that an immediate follow be done,” the OPDD wrote on Sunday.