Did Mr Ali Kololo wear thong shoes (plastic), traces of which were found at the site where British citizen Judith Tebbutt was kidnapped and her husband David Tebbutt was shot dead in Lamu in 2011?
The is the issue The High Court in Malindi will hear Mr Kololo’s appeal against a death sentence handed down by a Lamu magistrate’s court more than eight years ago.
He was also sentenced to seven years in prison for the offense of kidnapping the Purpose of murder.
Read: Tebbutt attack: Kenyan accused of kidnapping
To help the court to To answer that question, Mr. Kololo was allowed to present new evidence which he believes will clear him of any wrongdoing.
Mr. Kololo was sentenced to death for kidnapping and robbery by force after he a court had found a group of Somali men guilty on the Kiwayu safari Village Resort in Lamu.
While they were there, they shot dead Mr. Tebbutt and kidnapped his wife Jud ith to Somalia where she was held captive for more than six months. The kidnapping of Ms Tebbut is one of the cases believed to have prompted the launch of Operation Linda Nchi by the Kenyan Defense Forces in October 2011.
According to his lawyer, Mr Alfred Olaba, the evidence will come from United Kingdom will prove that his client was wrongly and wrongly convicted.
The judgment that allowed Mr Kololo to use forensic evidence from the United Kingdom was given in 2016 and two years later upheld by the Court of Appeal.
Read: Kenya police question freed British woman
Judge Said Chitembwe’s verdict followed a motion by Mr. Kololo on forensic examination Evidence omitted during his trial was used to argue the appeal. The application was supported by Mr. Zoe Bedford’s affidavit filed and sworn on May 28, 2015. Mr. Kololo argues that at the time his case was heard in the district court, he was unaware of the existence of the additional evidence he intends to present.
Court records show that the additional evidence was there is part of the forensic evidence produced in the UK but was not included in the testimony of any of the witnesses.
During Mr Kololo’s detention the trial judge had relied on the finding that the Tanga- shoes he was wearing at the time of his arrest and the prints found at the crime scene were taken from them. But new evidence shows that the recovered thong shoe mark was of poor quality, and upon analysis, some features did not agree.
“As a result… could not be explicitly included or excluded from the Thong shoe made impression found at Banda 2B,” the court filings show.