Bernard Opiyo

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Charge:	Rape
Sentence:	14 years
Years Imprisoned:	2
Year Crime:	2015
Year Convicted:	2016
Year Cleared:	2018
U.S. State or Country of Crime:	Kenya
County or Region of Crime:	Kakamega
City of Crime:	Ebutanyi Village
Result:	Judicially Exonerated Released
Summary of Case:	"Bernard Opiyo was wrongly convicted in 2016 of sexually assaulting and raping a high school student in Kakamega County, Kenya on January 22, 2015. Opiyo's prosecution was based on the testimony of the alleged victim that she was on her way to school when Opiyo first stopped her, and then chased her when she ran away from him. She claimed that after he caught up with her he dragged her into a bush where she said he raped her. Her account differed in significant details during her testimony before Butere Principal Magistrate Charles Mutai. After his conviction Opiyo was sentenced to 14 years in prison. Opiyo appealed. On January 16, 2018 the High Court in Kakamega quashed Opiyo's conviction on the basis the complainant had given inconsistent accounts of what allegedly occurred, and her evidence made her an unreliable witness. In the High Court's ruling Justice Jesse Njagi stated: "This court has to treat the evidence with a lot of caution ... It is my finding that the charge against the accused was not proven beyond reasonable doubt. The conviction is hereby quashed and the sentence is set aside.""
Conviction Caused By:	Inconsistent testimony by the complainant.
Innocence Proved By:	"On January 16, 2018 the High Court in Kakamega quashed Opiyo's conviction on the basis the complainant had given inconsistent accounts of what allegedly occurred, and her evidence made her an unreliable witness. In the High Court's ruling Justice Jesse Njagi stated: "This court has to treat the evidence with a lot of caution ... It is my finding that the charge against the accused was not proven beyond reasonable doubt. The conviction is hereby quashed and the sentence is set aside.""
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Was Perpetrator Identified?
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Sex:	Male
Skin/Ethnicity:	Black
Information Source 1:	"Inconsistent evidence hands rape convict his freedom, By Sharon Okolla, Nairobi News, January 17, 2018"
Information Location 1:	http://nairobinews.nation.co.ke/news/man-convicted-raping-school-girl-freedom/
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Bernard Opiyo

Charge:

Rape

Sentence:

14 years

Years Imprisoned:

2

Year Crime:

2015

Year Convicted:

2016

Year Cleared:

2018

U.S. State or Country of Crime:

Kenya

County or Region of Crime:

Kakamega

City of Crime:

Ebutanyi Village

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Inconsistent testimony by the complainant.

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"Inconsistent evidence hands rape convict his freedom, By Sharon Okolla, Nairobi News, January 17, 2018"

Information Location 1:

http://nairobinews.nation.co.ke/news/man-convicted-raping-school-girl-freedom/

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Book About Case (2):

Book Information (2):

Movie About Case:

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