• Man returned from work unexpectedly to find his wife and another man on his bed.
• He attacked both of them with a knife, seriously injuring the intruder.
The High Court in Nanyuki has set free a man who caused grievous harm to his wife’s suspected lover.
In his ruling on Thursday last week, Justice Hatari Waweru allowed an appeal by Michael Kimondo who had been convicted for grievous harm by a lower court.
The judge said only a very foolish man would enter another man’s house and bed with that man’s wife.
“Such a man would ordinarily be deserving of whatever might come to him, including grievous harm or even death, because such foolish action would amount to a very grave provocation to the man cuckolded,” the judge said.
“However, we live in civilized society, and people must always control themselves and not take the law into their own hands, because if everybody were allowed to do that, then we would be living in a jungle and life would probably be brutish and short as some philosopher said”.
The charges stated that on September 17, 2017 in Naromoru, Nyeri county, Kimondo unlawfully inflicted grievous harm on David Kamau Njuguna.
On May 24, 2018, Kimondo was sentenced to four years imprisonment. He appealed the sentence on grounds that he was provoked beyond control.
During the trial, the court was informed that the appellant returned home unexpectedly one morning, having left to go to work.
He found his wife and Njuguna, the complainant, in bed in his house in a compromising situation.
In a rage, Kimondo attacked both of them with a knife and inflicted upon Njuguna injuries that amounted to grievous harm and upon his wife injuries that amounted to assault causing actual bodily harm.
The injuries upon the wife formed the basis of a second charge against him which the wife subsequently withdrew after they reconciled.
Justice Waweru said in punishing such an offender as the appellant, the court must always bear in mind the grave provocation which few men can withstand and hold peace.
“I consider that the sentence of four years imprisonment meted out to the appellant was manifestly harsh and excessive, bearing in mind the circumstances in which the offence was committed in this case. A much shorter term of imprisonment would have served the ends of justice,” the judge ruled.
The judge partially allowed the appeal and consequently set aside the term of four years imprisonment and substituted with 13 months from the date of Kimondo's sentencing.
“That means that the appellant has now fully served his sentence of 13 months imprisonment and he should be set at liberty forthwith unless otherwise lawfully held,” judge Waweru ruled.