- High Court found Wekesa guilty of murdering his wife and sentenced to death on March 19, 2014.
- However, Appeals court interfered with the death sentence after considering the circumstances that the offence was committed.
A man who killed his wife seven years ago during a domestic quarrel has got a reprieve after the Appeal Court set aside his death sentence.
The father of four was found guilty by the High Court and sentenced to death for the murder of Caroline Nasibwondi on March 19, 2014 in Bungoma.
David Wekesa Namachanja appealed the judgment, and the Court of Appeal quashed the death sentence and instead gave him 30 years.
Justices William Ouko, Jamilla Mohammed and Sankale Ole Kantai declined to set aside the conviction but reduced his death sentence to 30 years.
The judges agreed with the High Court judge who found that there was malice established by the prosecution in the death of his wife.
“It is clear that Wekesa intended to cause the deceased grievous harm by hitting her on the head and by continuing to beat her when she was on the ground until they were separated by Nathan,” the court said.
They further said they were satisfied that the prosecution proved the offence of murder beyond reasonable doubt, as correctly held by the trial court.
“We also consider the circumstances under which the offence was committed as well as the need to deter domestic violence and the commission of the offence of murder,” the court said.
However, they reduced the sentence after considering the circumstances that the offence was committed.
On the alleged date, the court was told that Wekesa was seen chasing after his wife on the road by Nathan, his brother-in-law.
According to Nathan, he saw Wekesa chasing after his sister while beating her and even when she fell, he continued kicking her while on the ground.
He separated them and the woman went to their mother’s house while bleeding.
When the mother testified, she said when her daughter went to her with wounds, she said it was her son-in-law who had inflicted the injuries.
The mother said her daughter informed her that she would not survive that day’s beating as her husband had hit her on her head, ribs and legs.
“The deceased asked for a place to rest and also asked her mother to pray for her. The deceased then succumbed to her injuries and the matter was reported to Bungoma police station,” the judgment reads.
-Edited by SKanyara