There is reprieve for Willy Paul “Pozze” after the Office of the Director of Public Prosecutions (ODPP) dropped a case filed against him in 2021.
The musician was accused by content creator Diana Marua of cyber harassment, with the lawsuit quickly becoming highly sensationalized due to the high profile personalities involved.
Court documents shared by Pozze on social media and signed by Assistant Director of Public Prosecutions (ADPP) Evelyn Onunga in April this year found that the evidence brought against him was illegally obtained.
“From the evidence on record, we noted that the suspect’s mobile phone was confiscated and analyzed by the Communication Authority of Kenya as per Cyber Investigations Report dated 21 December 2021.”
The seizing of the singer’s phone was an illegal breach against his privacy, ADPP Onunga noted.
“We established that the forensic evidence obtained was done without a court order. Article 31 of the constitution provides for a right to privacy. This right is not absolute but can only be limited by a court order.”
The forensic evidence was therefore found to be inadmissible in court, per the statement.
ADPP Onunga wrote: “We direct that the case should be closed as it will occasion miscarriage of justice.”
Willy Paul and Diana Marua’s disagreement hit the headlines around the time of the case filing, after the two traded serious allegations against each other on social media.
At the time, the singer claimed to have once had a fling with Diana Marua, and she vehemently denied this, countering by accusing him of harassment, and even attempted rape.
In the wake of the case dismissal, Pozze wrote in a statement: “I was once paraded online in a staged arrest from my home and taken to the police station with intent to have me take plea for a non-existent offence which was actuated by malice with the aim of humiliating me.”
He added: “The arrest was the result of some baseless accusations intended to ruin my reputation. I was demonized in the public glare, mocked, and my name dragged through the mud with little regard for the facts.”
The singer then reflected on his label signee Miss P’s rape accusation against him, which happened that same year.
She came out to confess that it was a false accusation years later.
“The tainting of reputation tends to damage a brand and scandalize the good reputation of any person especially if you are a public figure. I am grateful to the ODPP for carrying out their duties with integrity and examining the case against me in accordance with the constitution,” Willy Paul’s statement adds.
