Man Demands to Be Convicted, Turns Down Case Withdrawal

The Milimani Law Courts in Nairobi as pictured on November 18, 2019.
The Milimani Law Courts in Nairobi as pictured on November 18, 2019.
Simon Kiragu
Kenyans.co.ke

Daniel Kerina Nyansarora, a man accused of beating his wife, Teresia Bosibori, left the Nyamira Chief Magistrate's Court in shock on Wednesday, May 20, after demanding that he be shown no leniency.

This was despite the fact that his wife had made her way to the court in crutches, after Nyansarora broke her leg, and asked to withdraw the case, stating that she had forgiven him.

“I don’t want it to be withdrawn,” he said while shaking his head vigorously making it clear that he would rather face what the court's verdict than accept his wife's forgiveness.

The stunned Chief Magistrate Margaret Wambani asked if he was certain and whether he understood what he was charged with.

Daniel Kerina Nyansarora (in glasses) during the hearing of a case where he was accused of battering his wife and breaking her leg.
Daniel Kerina Nyansarora (in glasses) during the hearing of a case where he was accused of battering his wife and breaking her leg. May 20, 2020.
The Standard

A defiant Nyansarora maintained that he was not interested in being forgiven nor having the case withdrawn and that he was ready to accept the court's ruling on the matter.

The man from Magombo Village, Nyamira County was charged with assaulting his 50-year-old wife and breaking her leg on April 25.

He denied the charges and was freed on a Ksh30,000 bond, leading up to the bizarre mentioning of the case on Wednesday, where he chose to risk a possible jail term rather than accept his wife's forgiveness.

The Chief Magistrate ruled that the case would be mentioned on July 31, after the prosecution agreed to proceed to a full hearing as per Nyansarora's demand.

In a similar case involving wife battering, a Makueni court sentenced the man accused of assaulting his wife to 10 years in prison and two years on probation.

Daniel Nzomo, the accused, was handed his sentence by Senior Principal Magistrate James Mwaniki, following the July 20, 2018, assault on Winfred Mwende at Kya-aka village in Muvau, Makueni County.

In the judgment, it was noted that cases of domestic violence were on the rise.

"During his term in prison, the accused will receive guidance and counselling so that he is reformed by the time he goes back to the society," Mwaniki said in his ruling.

On his part, Nyansarora remained adamant, despite being made aware of the fact that he could be facing a similar sentence or possible jail time if convicted.

Daniel Nzomo at a Makueni court, where he pleaded guilty to the charge of assaulting his wife Winfred Mwenda, August 3, 2018
Daniel Nzomo at a Makueni court, where he pleaded guilty to the charge of assaulting his wife Winfred Mwenda, August 3, 2018
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