- Lukongo told the court that the evidence by his girlfriend was simply an attempt to get back at him.
- The man lived with his two wives in Sinyulu village of Shikunga sublocation in Butere subcounty.
Image: The Star
A Kakamega man is facing a death sentence after the High Court found him guilty of killing his second wife five years ago.
Wycliffe Lukongo had gone partying and drinking with his mistress on January 23, 2019 and staggered home at about 9 pm with the girlfriend.
He found his two wives—Rose Atieno and Susan Mirimo—in the sitting room. Mirimo was drank. A fight soon ensued between her and her husband.
During her testimony in court, the mistress said Lukongo confronted his second wife, angry that she was drank yet she was still breastfeeding their nine-month-old baby. He struck her with a walking stick before he grabbed a wooden stool and smashed her on the head.
Blood spluttered and Mirimo suddenly went quiet.
Lukongo's first wife Atieno who was also in the house, saw him beat Mirimo. But as the beating went on, she sneaked away into her bedroom with the deceased’s nine-month-old baby.
When Atieno came out of her bedroom at 5 am the following morning, Mirimo was lying dead on the floor.
An autopsy later found a deep cut wound on Mirimo's head. The pathologist concluded that the death was caused by severe head injury following blunt trauma to the head.
Lukongo, who had denied killing his wife during plea-taking, told the court in his defence that it was his mistress who fought with his wife (Mirimo) and that he only intervened in an attempt to separate them.
He told trial judge Sophie Chirchir that both women were drunk and that it was when he was trying to stop the fight them that he realised his wife had died.
Lukongo told the court that the evidence by his girlfriend was simply an attempt to get back at him.
The man lived with his two wives in Sinyulu village of Shikunga sublocation in Butere subcounty.
In her judgment, Chirchir found Lukongo guilty of murder.
"It emerged from the evidence that there was a quarrel between the accused and the deceased. However the accused not only threw a stool on the deceased, he did so on her head. He knew that throwing a stool on a person’s head was likely to cause grievous harm or death," the judge said in her verdict delivered on April 18 at the Kakamega High Court.
"It is my finding therefore that malice aforethought was established. The prosecution has proved its case beyond reasonable doubt. I therefore find that the accused is guilty of murder contrary to section 203 as read with section 204 of the penal code and I hereby convict him accordingly."
The court will wait for a probation report before Lukongo is sentenced. The law allows that anyone convicted of murder be sentenced to death.