A 49-year-old woman who killed her husband on December 15, 2020, has been sentenced to a one-day non custodial sentence.
A ruling made by Judge Roselyne Aburili of the High Court in Siaya noted that the accused, Truphena Aswani, had suffered at the hands of her husband who was not only violent but occasionally threatened to kill her.
She noted that Aswani needed counselling from the traumatic experience that she had gone through in her marriage. The judge argued that the accused had stayed and cared for her husband despite his HIV positive status.
"The ruling will enable others who have suffered similar fate to have their voices heard," she declared.
The deceased, James Oyengo Obochi, is said to have been a violent man who had previously parted ways with two other wives due to abuse.
The court heard that his children, from the previous marriages, have been under the care of Aswani after their mothers left them with the deceased.
On the day Obochi died, the court was told that he came home drunk and was very angry. He demanded that his wife issue him with a title deed of a piece of land that she had been given by his late father.
When she refused, the deceased went to his bedroom and took a panga which he threatened to use on her. In an act of self defense, however, she told the court that she took the weapon and cut him several times.
"It is true that I killed the deceased but I did not intend to," she confessed.
She then dug a hole at a neighbour's farm and covered the deceased with grass.
The court heard that Aswani had been admitted to the hospital previously following a domestic assault at the hands of her husband.
While delivering the ruling, Abrili stated that Aswani persevered through domestic violence. She instructed the probation officer to ensure that she got counselling to help her deal with the past trauma.
