A Rwandese lady Antoinette Uwineza who was convicted to life incarceration in 2018 has been set free by an appellate court.
Antoinette Uwineza was jailed after killing her pregnant friend over a British boyfriend.
In 2018 Justice Jessie Lessit found Uwineza guilty for the murder of Winnie Uwambae a fellow Rwandese and her best friend.
Judge Justice Lessit gave her a life sentence but the court of appeal on Friday released her unconditionally.
Uwineza was detained on February 16, 2013, at Saharan Lodge along Duruma Road in Nairobi where she murdered Winnie who was seven months pregnant.
She was accused alongside two others but they were later vindicated and she was the only one found guilty for the murder.
The police had alleged that there was a fight between the two friends to win over a British man who had neglected Uwineza and instead fallen in love with her friend Winnie.
Through Lawyer John Swaka, Uwineza had petitioned the ruling by Judge Lessit stating her innocence in the whole case.
In their ruling released on Friday, Judges Martha Koome, Hannah Okwengu and Fatuma Sichale allowed her appeal and ruled that the detailed proof relied upon to convict Antoinette fell short of the threshold required.
The Judges further said the events may have raised suspicion but the prosecution must prove that case against her beyond any reasonable doubt.
“From the wounds that were in Winnie’s body when she was found, we do not doubt that whoever inflicted the injuries and strangled her had the intention of causing her death or serious injuries, such that malice aforethought can be inferred against the person,” they ruled.
However, the person who inflicted the injuries must be established through evidence that meets the required standards.
“We find that the evidence adduced against Antoinette fell short of proving that she inflicted injuries on Winnie either on her own or in concert with others, no inference of malice aforethought could therefore be attributed to the appellant from Winnie’s injuries,” the court held.
The court further noted that the deceased fiancé Simon had told the court that he believed that Antoinette is the one who called him posing as a Juliet however he only spoke to her for a short time.
According to the court, there is, therefore, doubt as to whether Simon the alleged could have made a voice impression which was foolproof regarding the similarity in the voices.
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