The High Court has allowed for the retrial of Julius Musyoki Wambua who was jailed for life over defilement.
This comes after his daughter confessed she was coached by her mother to frame Mr Musyoki.
Musyoki was jailed in 2011 at Kamiti Maximum Security Prison after he was convicted and his case closed.
He challenged his conviction and sentencing after Citizen TV aired an interview of his union his daughter, who said her mother forced her to testify against him.
Court of Appeal judges William Ouko, Wanjiru Karanja and Jamila Mohamed had ruled that the window for him to appeal against his conviction had closed.
They further dismissed Musyoki’s application to introduce his daughter’s evidence in his appeal since court-set timelines for filing and producing evidence had already lapsed.
Through his lawyers, Cyrus Maweu and Mike Mwema, he argued that the rape victim, who was the prosecution key witness and is Wambua’s daughter, recanted her evidence, hence he wanted the court to consider the change of events.
His lawyers further termed the victim’s elder sister’s testimony as being “in bad taste”.