The High Court has ordered officials at Manyani Maximum Prison to escort Jackson Kihara Gachagua, son of the late former Nyeri Governor Nderitu Gachagua, to retrieve crucial documents linked to his father’s estate.
Kihara, who is seeking to overturn his 20-year prison sentence, said he would collect the documents from an undisclosed location and hand them over to his family as he awaits the ruling on his appeal scheduled for June 17 this year.
Appearing before the Milimani Law Courts on Thursday, Kihara told Justice Alexander Muteti that he was framed in the robbery with violence case by his uncle.
He claimed the relative harassed and intimidated him in an attempt to force him to surrender property and documents belonging to his late father, which he says he is the custodian.
Representing himself in the appeal, Kihara alleged he could not get a lawyer to represent him because they had been compromised, noting that his earlier appeals from the Nyeri Magistrate’s Court up to the Court of Appeal had all been dismissed.
The court was informed that he had previously feared raising the new issues because his family had allegedly been threatened and some members abducted. He said he was now ready to provide evidence following assurances of security for himself and his family.
However, Justice Alexander Muteti told him that the High Court could not reopen factual matters already determined by the Court of Appeal unless there were sufficient grounds for a retrial.
