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December 12, 2018

Man in wife assault clip jailed for 10 years

David Nzomo who is accused of assaulting his wife at Makueni law court on Friday 3rd August 2018 PHOTO BY MUTUA KAMETI
David Nzomo who is accused of assaulting his wife at Makueni law court on Friday 3rd August 2018 PHOTO BY MUTUA KAMETI

David Nzomo, the Makueni man caught on camera assaulting his wife,will serve 10 years in prison and two under probation, senior principal magistrate James Mwaniki ruled yesterday.

He was arrested on August 2 and pleaded guilty, but the court asked for an probation assessment report before the judgment.

Mwaniki said cases of domestic violence are on the rise and the judgment will serve as a lesson to others.

During the probation period, Nzomo will receive guidance, counselling and social support.

According to the probation report by the prosecution, the accused has a history of harassing and assaulting family members.

The court heard that eight years ago, Nzomo assaulted the victim, who was opposed to his intention to marry a second wife.

Four years later, the 36-year-old, assaulted his father following a row.

His uncle, referred to only as Michael in the report, said the accused once chased away all the family members.

Mwaniki agreed with Jenifer Ndede, the prosecutor who asked the court to imprison the accused as he was ‘not fit’ to serve a noncustodial sentence.

The accused admitted having assaulted his wife, but denied the rest of the report.

Earlier in mitigation, the accused, a father of eight, had pleaded with the court to consider a noncustodial sentence, saying he was the sole breadwinner in his family.

His father and elder brother were among those in court during the ruling.

The probation assessment report said the victim, who is recuperating at Nairobi Women’s Hospital, is not willing to go back to her matrimonial home.

“I have forgiven my husband who is hard working, but I am not ready for a reunion,” reads part of the report.

But Nzomo pleaded with his wife to return home after recovery.

Speaking to the Star after the ruling, his father Kyania Manyenze said he was relieved, adding the judgment was fair.

“I was afraid, I thought my son will be sentenced for life. I am thankful to the court because my son will serve his term and come back,” he said.

He said he will take care of the grandchildren.

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