The High Court in Machakos on Thursday, June 10 ruled that a man who killed his wife would go for anger management therapy and be put on probation for three years.
Justice George Odunga found James Kioko Malungu guilty of manslaughter after he had killed his wife, Eunice Mbula Kioko in Kyaani Village, Machakos County. The court received a probation report which indicated that alcohol abuse and unresolved marital problems were the reasons for the offence.
The prosecution submitted to the court that the accused was remorseful and had gotten married to another woman.
The state added that Malungu was a father of four children and asked the court to grant a non-custodial sentence.
The children told the court to be forgiving in the sentencing of their father as they needed a guardian to take them to school and support them in earning money.Kenyan students heading home from schoolFile
The Sentencing Policy Guidelines states what Judges consider when choosing to order custodial and non-custodial sentences. The accused's criminal history and the gravity of an offence are both identified before the offender is sentenced. The offenders character; whether they regret the offence or not is also a factor.
The guidelines outlined rehabilitation and deterrence as the objectives of a sentence. The penalty should enable one to become a better citizen and discourage them as well as the society from committing the offence.
"To my mind, the accused herein requires therapy rather than punishment and ought to be placed on probation in order for him to undergo guidance and counselling since the two families seem to have reconciled.
"The fact that he lost his wife courtesy of his action clearly weighs heavily on him as revealed in the probation report and no sentence heavier than that can be imposed by this court," Justice Odunga's ruling read in part.
Judicial courts have recorded a rise in cases related to marital conflict and domestic violence. Truphena Ndonga Aswani confessed to killing her husband, she was sentenced to one day in Jail in Siyaya County on Tuesday, March 9.
Former principal, Jane Muthoni, was sentenced to 30 years in prison for taking the life of her husband. High Court Judge, Joel Ngugi, found out that it was not the first time Muthoni planned to kill her partner.
The word 'Mariticide' refers to the act of killing your husband or boyfriend while 'Uxoricide' is taking your wife or girlfriends life as explained by the Merriam Webster dictionary.Justice George Odunga at the High Court on December 18, 2019.
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