Freedom at last for a man falsely convicted of rape

Joseph Mutai met his four-year-old daughter for the first time on Wednesday last week.

Mutai has been in prison all the time the daughter has been alive safe for a few months after she was born. The emotional intensity of the moment was palpable as Mutai tightly held his daughter, unable to control his tears of joy that Wednesday afternoon.

It was a reunion like no other for the two, his daughter had lived without the father, but she had spoken to him via phone while in prison.

His family and neighbours were overwhelmed with joy, Mutai was a free man at last after spending four years in prison for a crime he says he never committed.

Mutai, 61, was released from Nakuru GK Men's Prison where had been sentenced to serve 15 years for rape, and two years for indecency, a crime that allegedly took place on January 25, 2021.

He could not raise a court bond but accepted his predicament positively without blaming the complainant. He had learned Swahili, which he is proud of.

When he arrived home around 1 pm, his family and neighbours were anxiously waiting for him at his Chai Moto village, Elburgon, in Nakuru County.

“Freedom at last. I have spent four years behind bars. I left my daughter when she was only months old and I never saw her. It hurts but now I have to pick up the pieces. Things have changed in the outside world, from political leadership to my home,” says the father of 16.

Mutai has two wives, one at Keringet and the other at Elburgon.

As the celebrations continue, Mutai, full of joy and relief, says he has forgiven his accuser.

For the years he has been in prison, Mutai says he has learned masonry and interacted with inmates who taught him to speak Kiswahili.

“I had to learn Kiswahili, through fellow inmates, and now I know how to write and speak. As much as I won’t recover the years spent in prison, something positive came out of it,” he added.

On January 25, 2021, at around 7pm, Mutai was with his son at a shopping centre when he heard screams emanating from his home. He rushed there only to find a woman screaming as the crowd started to beat her.

Mutai restrained the crowd and shielded the woman from the irate mob before rescuing the lady.

Unfortunately, the next day, the woman falsely filed a report at the police station alleging she was raped by Mutai and other assailants.

On January 28, he was arrested and taken to court with two other suspects whom he never knew. He was later sentenced to serve 15 years but he was released on Tuesday by Justice Julius Nang’ea after establishing that Mutai was innocent.

The court observed that the magistrate didn’t properly analyse the evidence to ensure that Mutai's conviction was without error.

Life in prison, Mutai says, wasn’t easy. He has, however, vowed to mind his business to avoid being a victim of circumstances.

Mutai said his entire life has been programmed to work, waking up by 4am and going to bed late. In a second, all the privileges he thought he was enjoying vanished.

He has learned about different cultures across the country and appreciated them, he says, unlike before when he was confined to his community.

“My kindness cost me freedom. I have learned the hard way that freedom is something that should not be taken for granted,” he added.

Villagers described Mutai as a kind man and a peacemaker who loved to help and was involved in community matters.

His wife Daisy Mutai was emotional. She says that she was forced to fit in the shoes of her husband.

The journey, she added, has been hectic, especially explaining to her children that their father has been locked up for rape, a crime he never committed.

Her joy was seeing her husband home, sitting on the chair, which has been designated as his.

“When he told me he was coming, I thought it was a joke. I am relieved he will help in supporting the family. My husband is a good person and loves helping, he is a peacemaker, and an act of kindness made him locked up,” she said.

Daisy says she did her best to unite the family to fill the void left by Mutai.

Wilson Koech, an elder, regretted how Mutai was locked up following the feud the complainant's brother had against him.

Koech alluded to having been supporting Mutai’s family with the help of the community since his arrest and conviction.

He described Mutai as a respected elder and refuted the charges against him.

Mutai was charged alongside two others for allegedly raping a 21-year-old lady in 2021 at Chai Moto.

He appealed in 2022 and was acquitted due to lack of identification and evidence.