Court of appeal in Nairobi has set free a commercial Sex worker woman convicted to life imprisonment of murder of a Rwandese national over love triangle.
Court of Appeal Judges Martha koome, Hannah Okwengu a nd Fatuma Sichale set free Antoinette Uwineza alias Micheline Uwababyyi and ruled that the person who inflicted Injuries on Winnie Uwambaye(deceased) must be established through evidence that meets the required standard.
“We find that the evidence produced against Antoinette fell short of proving that she inflicted injuries on Winnie either on her or in concert with others,” the panel ruled
The judges added that there is no inference of malice aforethought could therefore be attributed to Antoinette from Winnie’s injuries.
It is their finding that the circumstantial evidence relied upon to convict Antoinette did not meet the required standards as it neither led irresistibly to her guilt nor was it compatible with her innocence.
“We allow this appeal, quash her conviction and set her free unless otherwise lawfully held, “they ruled.
The judgement was delivered on September 25,2020 where Antoinette was represented by Lawyer John Swaka who fought for her the battle to her being set free.
On February 18,2013, the lifeless body of Winnie Uwambaye, a Rwandese national was found in room 417 at Saharan Lodge within Nairobi County.
For two days Winnie had been missing from her residence in Westland’s, where she was Co-habiting with her British national boyfriend Simon Smith.
Following the investigations, Antoinette Uwineza and 2 others were arraigned before the court for the murder of Winnie.
During the trial 16 witnesses testified in the case on behalf of the prosecution. Winnie is said to have left her home in wetlands and never to return.
When put on her defense, Antoinette denied having murdered Winnie. She explained Winnie was her great friend whom she had known for a long time.
They were both commercial sex workers, and Winnie had confided in her that her boyfriend Simon was not aware about this.
Winnie was pregnant and although she had informed Simon that the pregnancy was his, Antonette was privy to the fact that Winnie was worried that the pregnancy could belong to her other boyfriends, who included Jean Claude from Rwanda and Allan from Rwanda also.
On the material day on February 16,2013 Antoinette Testified that she received two missed calls and messages from Winnie asking her to call back.
She later spoke to Winnie who informed her that she wanted to go to Rwanda and had informed Simon that she was going to Rwanda to divorce her former husband.
Antonette said Winnie wanted her to maintain that story in case Simon asks. She maintained that she never met Winnie that day she was murdered.
There was no eye witness to the murder of Winnie and she died due to strangulation and the police established that there was malice as the injuries intended to cause her death.
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