He served 10 years in prison before his life sentence was quashed.

Photo: Courtesy. Tom Nyakundi

Tom Orwaru Nyakundi spent 10 years in prison after he was accused of defilement, judged and sentenced to prison. Before the ordeal, Tom was a servant of God where he worked as a chaplain in one of the schools in Nandi hills. He worked well until 2011 when whole story of defilement and imprisonment story began. Precisely, Tom was accused of forcing himself on a five year old minor.

Besides being a chaplain, Tom also used to teach form ones and form twos Christian Religious Education and he liked his job very much as he narrates to Getembe Television Network. 

"When I got there, I liked the school and I was assigned to teach CRE in form one and form two. I worked for that year 2011..."

Orwaru continued to narrate his story on how his story took a wrong twist. 

"There were lunch allowances, that were given more often when students went out for various activities, thats how my problems started, I was the only one who was not given the allowances. and when I complained, it was taken that I was the source of chaos". He continued narrating.

Tom says that he made a decision to enquire direct from the principal of the school on why he was not getting his allowances. He didn't get any response from neither of the responsible parties.

"I did a letter on the 14th of June 2011 and on the 8th of July I was arrested, that is when all this started' a dejected Tom says.

Tom thought that because he had not gone mad, all this is because of the letter he had earlier written. His fellow teacher comes in the evening, there was no any commotion or fracas during the day. At 8:00 PM, the daughter told her mother that she felt some pains ih her private parts and the young girl explained that as they were playing during the day, a boy called anthony 'lied on top her'.

The mother then examined her daughter and indeed there was a problem as narrated by Nyakundi.

"The mother called her husband who was staying away from them and the husband advised that they take the kid to hospital".

At the hospital, the mother and the daughter narrated the story to the doctor who in turn noted their statements down. All that while, Nyakundi has not been mentioned as he says.

The following day they went to the police station where they processed a P3 form and there was an order to look for Anthony. However the mother went further and came back with further allegations...

After some stories as narrated by Tom, the mother went back to the police with a different narrative. The story was, it was pastor who did it and threatened the young girl not to tell anyone. "That is how I was arrested, on the 10th of July 2011" Pastor Tom adds.

In his sentencing, the Magistrate castigated him for dissappointing the young child who looked up on him with hope and guidance. And when Tom was given an opportunity to defend himself he said. "I am a preacher, i have never wronged anyone". He also wondered why his case was not reffeered to the elders and even church deacons before coming to court.

When he appealed the case, the three judge bench promised to deliver judgement on 18th July  2021 only to give judgement on 18th Feb 2022. and the Judgement read as follows "It is ordered that the appeal is hereby allowed, appellant's conviction quashed, Sentence imposed against him set aside and order that the appellant be set free forthwith unless otherwise lawfully held".

Tom was overjoyed and shed joyful tears on hearing the judgement and thanked God for the same. "I shed wonderful tears and thanked God, many people were surprised how I was released, even my fellow prisonmates wondered how my appeal went successfully".

At last Tom Orwaru Nyakundi is a free man but with a puncture life. He is wondering how to get back the years he had lost in jail. He lost a career, a potential family and a reputation to build.

As Tom finishes his interview, he says. "Our government, especially police don't investigate properly. They sometimes rush and even mislead the accused people to plead guilt to safe time. Let truth and justice prevail".