- Former Kenya Sevens and Kenya Harlequins rugby player, Alex Olaba, has taken legal action to challenge a six-year jail term handed down by a city court magistrate.
- Olaba's legal challenge calls into question the validity of the conviction and the appropriateness of the imposed sentence.
Former Kenya Sevens and Kenya Harlequins rugby player, Alex Olaba, has taken legal action to challenge a six-year jail term handed down by a city court magistrate.
Olaba, who was convicted of plotting to kill a key witness in a rape case against him, seeks to have the sentence quashed.
In addition, he aims to overturn a two-year jail term for the charge of defeating justice.
The appeal, filed through his lawyer Cliff Oduk, alleges misapplication of the law during the conviction.
In his petition of appeal, Olaba asserts that the trial magistrate erred in both law and fact by disregarding the fact that the alleged victim, identified as K.A, had neither recorded a statement nor been recognized as a victim prior to the trial.
"The trial magistrate erred in law and fact by failing to consider that the alleged victim K.A neither recorded a victim nor was she a victim before the trial court," Olaba's petition read.
Furthermore, Olaba argues that the magistrate failed to take into account the absence of specific evidence regarding the intended method, timing, location, and circumstances of the alleged victim's purported murder.
Olaba contends that the trial magistrate neglected to give due consideration to crucial issues raised in the evidence, indicating a miscarriage of justice.
He accuses the magistrate of failing to properly assess the inconsistent and contradictory testimony presented by prosecution witnesses.
Moreover, Olaba alleges that the magistrate unjustly accepted numerous falsehoods conveyed by these witnesses.
The former rugby player further claims that the prosecution witnesses displayed cunning behaviour, proving themselves to be unreliable, evasive, forgetful, and contradictory on significant aspects related to the case.
Olaba's legal challenge calls into question the validity of the conviction and the appropriateness of the imposed sentence.
The appeal to the High Court seeks a review of the decision made by Magistrate G. Onsarigo on May 24, 2023.
It is now up to the High Court to carefully assess the merits of the appeal and to weigh the evidence presented by both sides.
The court's decision will ultimately determine whether Alex Olaba's conviction and jail term will be upheld or overturned.
The eyes of the nation are now fixed upon the High Court as it deliberates on this significant case.