Popular Kenyan musician Wilson Ouma Opondo, known as Willy Paul or Willy Pozze, has been cleared of cyber harassment charges following a review of the case by the Office of the Director of Public Prosecutions (ODPP).
The allegations, which were brought forward by fellow artist Diana Marua Omach, have been deemed inadmissible in court due to procedural errors in the collection of forensic evidence.
The case stems from allegations made by Diana Marua, who accused Willy Paul of cyber harassment.
In response to these claims, Willy Paul’s phone was confiscated and analysed by the Communication Authority of Kenya, with the findings submitted in a report dated 21st December 2021.
However, it was later revealed that the forensic evidence was obtained without a court order, in violation of Article 31 of the Constitution, which guarantees the right to privacy.
The ODPP’s Ag. Assistant Director of Public Prosecutions, Evelyn Onunga, highlighted that the evidence could not be used in court as it was collected illegally.
“The forensic evidence obtained herein was illegally obtained hence inadmissible,” read the letter from the ODPP, dated 15th April 2024.
Case dismissal and next steps
As a result of the illegal collection of evidence, the ODPP recommended the closure of the case, vacating an earlier decision to charge Willy Paul.
“We direct that the case should be closed as it will occasion miscarriage of justice,” Onunga’s letter further explained.
In a statement, Willy Paul expressed gratitude to the ODPP for their impartial review of the case and acknowledged the strain the accusations had caused him.
“This is not the first time that I am maligned. You guys remember the serious allegations made by Miss P, then two years later she came clean and apologised publicly,” he noted.
The musician expressed relief that justice had prevailed, stating, “I would want to thank the ODPP for maintaining justice and ensuring that the decision to prosecute was reviewed fairly.”
He added that the ordeal had been costly to his brand but vowed to continue fighting for his reputation.
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