Man who maimed secret lover in Lurambi loses appeal

A Kakamega court has dismissed the appeal of a man serving 20 years for attacking his lover with an axe and causing grievous injuries. 

Phosters Isabwa Gavihi had appealed the sentence, urging the court to acquit him. He denied the offence and said he had been framed.

However, Justice William Musyoka upheld the decision by the lower court that found him guilty and sentenced him to 20 years for causing grievous harm.

The offence was committed in Lurambi. The woman told court that Gavihi, who was her secret lover for two years, went to her house that night and attacked her.

The widow said he used a big stone to break her door. He cut her twice on the head with an axe and once on the palm.

While dismissing his appeal, Justice Musyoka said the sentence was not harsh, adding the convicted man was not remorseful.

The court said after being found guilty he told the trial court he had nothing to say in mitigation and clearly invited the court to do whatever it pleased.

Justice Musyoka said the injuries sustained by the victim were permanent and would affect her for the rest of her life.

He said her ability to provide for her children, who are still at young, has been impaired.

“She could have died, given the gravity of the injuries, leaving the two minors total orphans, as their father is dead,” the court said.

According to the medical report, the injuries were classified as maiming, which is an injury that could lead to death.

The report said she had a cut to the head, requiring eight stitches, and her left arm had been fractured in three parts, and was repaired. 

When Gavihi attacked the victim, she was in her house with her children and the daughter testified that he threw a panga at her but she evaded it.

They were rescued by neighbours who heard their screams when he was attacking them.

(Edited by V. Graham)