Bernice Mbugua @BerniceMuhindi
Journalist Moses Dola has been sentenced to 10 years in prison for killing his wife Wambui Kabiru in May 2011.
High Court judge Roselyn Korir, who convicted him of manslaughter last month, ruled that although Dola was remorseful for his actions, the appropriate sentence for him was a custodial sentence.
“I have no doubt in my mind that the accused is indeed remorseful as I had stated in the judgement, the couple was under pressure of joblessness. However, that should not provide licence to violence, which may lead to loss of life,” she ruled.
Lady Justice Korir said there are some people in the society faced with joblessness today and that does not mean they should be allowed to assault their partners.
“The court would be setting a dangerous precedent if it were to find that such conduct was not punishable by an appropriate sentence,” she ruled.
The judge further said the victim impact report indicated that the deceased’s family is yet to come to terms with the loss of their daughter.
She said the report also reflects a family that is bitter with the accused and his family for not attempting any reconciliation until now, and which was praying for justice to prevail.
Korir said the case was one filled with free flow of deep emotions on the part of the deceased’s relatives, who testified, and the accused, who wept through the trial.
“It is a case that brings out the need to infuse into a criminal trial the principles of humanity, healing and reconciliation. It is however not clear why the parties did not take such law to initiate reconciliation,” she said.
Dola was accused of killing Wambui, who was also a journalist, on May 1, 2011 at their home in Umoja estate after a domestic quarrel.
Wambui’s body was discovered hours after the tragedy in the family bedroom by their househelp. Dola went missing after the incident and resurfaced three days later when he surrendered himself at Naivasha Police Station.
Justice Roselyn Korir substituted the murder charge with that of manslaughter, saying the element of malice had not been proved beyond reasonable doubt.