A man in Busia County who beat his wife to death after he claimed she refused to give him food has got reprieve after the court reduced the murder charge to manslaughter.
Julius Nyekenye Serikali was charged in 2017 with murder of his wife Eunice Ojuro.
In a judgement delivered on April 9, Justice Kiarie Waweru, ruled the prosecution did not adduce evidence to show the accused had malice aforethought.
The judge noted that the evidence that was clear was that the deceased was a habitual drunkard. He considered the testimony of a witness who said that they had tried to intervene by counselling him without success.
He said the prosecution did not establish malice aforethought against the accused.
"I find, therefore, that the prosecution has not proved the offence of murder against the accused. However, the prosecution has proved beyond any reasonable doubt the lesser offence of manslaughter. I accordingly reduce the charge of murder to that of manslaughter. I acquit the accused of the charge of murder. I find him guilty and convict him of the offence of manslaughter", Kiarie ruled.
The court heard Serikali and the deceased were husband and wife.
When the incident occurred, the two were alone in their house. Serikali narrated that the two fought after he was not given food, but he did not intend to kill his wife.
In his defence, Serikali contended that the deceased returned home at 11pm while drunk and hit him with a stick she had. A struggle ensued and she fell on the table. When he woke up the following morning, he found her unconscious. He reported to the police.
Mary Akuku testified that Serikali went to her and showed her some currency notes that had been destroyed by ants.
He told her that he had resorted to hiding his money outside for his wife was stealing it to buy alcohol.
He then told her that the previous night they had fought after he had asked her for food and she attacked him with a stick. He wrestled the stick from her and hit her.
The judge however noted that the version by the accused differed slightly.
"I am persuaded to believe the first version that was attributed to the accused for at the time the incident was still fresh," Justice Kiarie said.
Edited by Henry Makori
