A long-awaited moment of joy and relief came for the family of DM, a man who has spent the last 17 years behind bars for a crime he did not commit. DM, who had been serving a life imprisonment sentence for defiling his daughters, walked to freedom on December 4, 2024, after a Thika Court granted him bail pending the outcome of a retrial.
DM’s conviction, which had been a source of torment for his family, stemmed from accusations made by his two daughters. They had initially testified against him, leading to his sentencing. However, their dramatic recanting of the allegations in 2020 marked the beginning of his legal journey to freedom. The daughters confessed that they had been coerced by relatives into falsely accusing their father of defilement, a revelation that was pivotal in DM’s case.
The High Court in Kiambu ruled in 2020 that DM should be retried after new and compelling evidence came to light. His daughters’ confession played a crucial role in overturning his original conviction. They explained in court that they had been manipulated by relatives who sought to remove DM from their lives for personal reasons, including a dispute over their late grandfather’s substantial estate in Ruiru, worth an estimated Sh50 million.
DM’s legal team, led by his attorney, petitioned the High Court for a retrial, arguing that his continued incarceration was based on a false conviction. The High Court agreed and instructed the Director of Public Prosecutions (DPP) to gather new evidence for the retrial. The case took another positive turn on Wednesday when DM was granted bail in Thika Court. DM’s lawyer argued that since no new evidence had been presented yet, he should be released. The DPP did not object to the request, and Thika Chief Magistrate Stella Atambo set his bail at Sh100,000. A new court date was scheduled for January 22, 2025, where the DPP will present any new evidence; failing which, DM will be released unconditionally.
DM’s release marked the culmination of a long and difficult journey for his family, particularly his daughters. When DM was first convicted, his two daughters, aged seven and nine at the time, were central to the case. Their testimonies led to his life sentence in prison. However, as the years went by and they grew older, the daughters began to recognize the devastating consequences of their actions.
Now, aged 24, the younger daughter, who had once testified against her father, expressed deep remorse for the pain caused by her false accusations. She explained the trauma they had experienced as a family, particularly growing up without their father and being placed in a children’s home after their parents separated. “Whatever happened is regrettable,” she said. “Together with my siblings, I passed through a lot, having to live like orphans. It should never have happened, but we are only thankful that my dad is finally free.”
The emotional toll of the false accusations has weighed heavily on the daughters, who, despite their involvement in the tragic events, are now focused on healing their family. The almost two decades of separation from their father were marked by a mixture of grief, guilt, and regret, especially since their mother had separated from their father years before his conviction.
As DM walks back into the embrace of his family, the hope is that they can rebuild their lives and create new, happier memories together. The daughter who had framed her father is now in the midst of the bittersweet realization of the pain they have caused. “He is now close to 60 years old,” she said. “We will have to enjoy every moment with him. We only hope he forgives us.”
This case serves as a stark reminder of the consequences of false accusations and the importance of justice in ensuring that those who are wrongfully convicted are given a chance to reclaim their lives. DM’s story is one of resilience, hope, and the enduring bond of family, as they begin to heal from the wounds of the past.
