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                              Ex-Rugby Star Alex Obala Appeals 8-year Jail Term

                              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

                              Lynn-Linzer Kibebe by Lynn-Linzer Kibebe
                              June 9, 2023
                              Obala

                              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. Photo/Courtesy

                              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.


                              Also Read: Ex-Rugby Player Olaba Detained at Kilimani Police Station for 7 Days


                              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.


                              Also Read: Former Kenya Sevens Player Alex Olaba Jailed for Six Years


                              “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.

                              Tags: Alex ObalaEx-rugby playerMagistrate Geoffrey OnsarigoRape case

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                              Lynn-Linzer Kibebe

                              Lynn-Linzer Kibebe

                              Lynn-Linzer Kibebe is a National Correspondent for The Kenya Times. Her focus is on Politics and Lifestyle stories with a special interest in matters of Disability and Fashion. Her stories serve both National and Regional interests. She can be reached at lynn.kibebe@thekenyatimes.com.

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                              This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
                              Necessary
                              Always Enabled
                              Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
                              Functional
                              Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
                              Performance
                              Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
                              Analytics
                              Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
                              Advertisement
                              Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
                              Others
                              Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
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