Journalist Moses Dola has been found guilty of manslaughter by a Nairobi court following the death of his wife Wambui Kabiru.
Justice Roselyne Korir found Dola guilty of manslaughter instead of murder on grounds that he did not cause Kabiru’s death intentionally.
Dola denied killing Wambui, also a journalist who worked with NTV as a reporter , in May 2011 in their house in Umoja estate, Nairobi.
In the judgment, the judge said that no one can really attest to what happened on that fateful day since there were no witnesses in the bedroom where in incident occurred.
Justice Korir also pointed that it was not demonstrated what had happened before the incident…‘was there a fight? Who was the aggressor? Were the injuries inflicted intentional?’
Job loss
The court heard that the couple, who has one child, started having marital issues after the accused lost his job.
It was alleged that the deceased tried to stab Dola with a scissors that morning, actions which led him to struggle with her to take it off her hands; In the event, they both fell on the bed and Wambui hit her head on the bed canopy.
After pushing her, it is alleged that she stood and told him ‘ona umeniumiza’. Then he took the baby and left the bedroom. He gave the child gave to the house help.
However, loop holes developed in the story after witnesses found the deceased neatly tucked in bed as if sleeping.
This brought about speculations that the accused could have killed her and out her on the bed before leaving.
According to the pathologist, the injury on the deceased resulted from a push which led her to hit the wall or hard place.
It is alleged that Dola went to his brother-in-law that morning after the fight and asked for a drink. He later got into a vehicle and left.
However, upon reaching Naivasha, he surrendered himself to the police and informed them that he was wanted for the murder of his wife in Buruburu, Nairobi.
Mitigation
His lawyer Cliff Ombeta mitigated that his client was remorseful and has been regretting the events of that fateful day to date.
Ombeta told the court that it has been seven and a half years since the incident adding that the court should be merciful and allow his client to reunite with his son and the family of the deceased.
“My client had cooked dinner for the family the previous night. His intention therefore could not have been bad that day or the day of the incident,” Ombeta submitted.
The child has been taken for counseling and according to the lawyer, this shows the Grandparents wanted him to get to know what happened and to adapt. He asked the court not to send him to jail but give him time to be with son.
In addition, Dola mitigated that it has not been easy for him and the family of the deceased.
Mother-in-law reaches out
He told the court that the mother of the deceased had reached out to him through a text message where they conversed and she told him that it for the good of the little boy.
“My son heard other children talking about it and he wanted to know what happened. This is when they took him for counseling and broke the news to him,” Dola said.
He prayed that at some point he will reunite with his in-laws even if it’s through mediation.
“My brother in-law was my best friend, he could not do anything without telling me,” he told court.
He added that he valued his family but lost it and prays that they will reunite.
Justice Korir said that she will deliver the sentence on notice after the probation officers present the pre-sentence report which will include the victims’ impact report.
She directed the report to be tabled within 21 days.
