Ex-rugby player Alex Obala has appealed his 8-year sentence for planning to kill a prosecution witness in his gang rape case four years ago.
The former Kenya Sevens player argued that trial magistrate Geoffrey Onsarigo sentenced and jailed him when the charges of conspiracy to kill and conspiracy to defeat justice were not proved beyond reasonable doubt.
As such, Obala wants the High Court to overturn the decision.
“The Trial Magistrate erred in law and fact by not taking into consideration that, the prosecution failed to prove the charges of conspiracy to murder beyond a reasonable doubt, as it did not prove the ingredients of the offence as required and provided for, in Section 224 of the Penal Code, Chapter 63 Laws of Kenya,” Obala argued.
Moreover, Obala appealed after being dissatisfied with the court decision to hand him 6 years on count one of conspiracy to kill and another two-year jail term on the second account of interference with the judicial process.
The former rugby star was charged alongside former Kenya Rugby Seven player Frank Wanyama over gangrape.
Through his lawyer, Obala wants the High Court to overturn the sentence imposed on him last month.
He further argues that the magistrate failed to consider his defense before reaching the impugned verdict.
Likewise, Obala claims he was wrongly convicted even after he proved that he was away from Nairobi when the alleged crime is said to have been committed.
According to the rugby player, magistrate Onsarigo sentenced him based on unproven evidence as most of the prosecution witnesses who testified in the case gave contradictory evidence concerning the circumstance of the offence.
“Obala’s conviction is against the weight of evidence. The Trial Magistrate erred in law and fact by ignoring or not weighing sufficiently, and not judiciously appreciating the inconsistent and contradictory evidence of the prosecution witnesses. The Magistrate also erred by considering the prosecution witnesses who told numerous untruths, were cunning, unreliable, and evasive, forgetful, and contradictory on material aspects,” Obala’s Lawyer said.
Through his lawyer, the rugby player blamed the magistrate’s decision to admit and rely on a generic Victim Impact Assessment Statement of the victim in the gang rape case pending before the Milimani law courts adding that she did not participate in the proceedings of interference with the state witnesses.
“It was wrong to convict for the magistrate to fail to consider that the alleged victim KA, neither recorded a statement nor was she a witness before the trial court,” Obala argued.
Nonetheless, Obala said his conviction is a mistake and the state did not bring about evidence in court showing the place and the day the alleged key prosecution witnesses in his rape case was to be eliminated.
“The Trial Magistrate erred in law and fact failing to consider that, no specific evidence was adduced in regard to the nature, time, manner and place that the alleged victim would be killed,” Obala added.