After enduring over a decade within the confines of police cells, hospital wards, legal proceedings, and prison, Joshua Karianjahi Waiganjo now finds himself emancipated.
A Naivasha court, in a landmark decision yesterday, acquitted him of five charges of impersonation. Chief Magistrate Nathan Lutta, presiding over the case, referenced a pivotal ruling by the Court of Appeal in 2017, which mandated Waiganjo’s release.
Notably, the prosecution had sought to withdraw the case under section 87(a), a move which Waiganjo resisted, fearing potential re-arrest. Magistrate Lutta highlighted that Waiganjo had initially appealed the case in the Naivasha High Court but escalated to the Court of Appeal in 2017 due to dissatisfaction with the initial outcome.
In adherence to the doctrine of stare decisis, Magistrate Lutta emphasized that the Court of Appeal’s ruling mandated Waiganjo’s freedom, leading to his acquittal under section 210 of the Criminal Procedure Code.
Waiganjo’s legal saga commenced in 2013 when he faced charges in a Naivasha court, including impersonation of a senior police officer, robbery with violence, and possession of police uniforms. However, the case faltered due to witness non-appearance and the disappearance of crucial evidence, resulting in its collapse.
