Man jailed 30 years for wife’s murder over money disputes, Instagram row

The High Court in Mombasa sentenced a man to 30 years in prison for the murder of his wife.

This follows the court’s finding that longstanding financial disagreements and disputes related to her joining Instagram formed part of the background to the incident.

In a judgment delivered, Justice Wendy Micheni convicted Murad Awadh Mbarak of murdering his wife, Nuru Ibrahim, on the night of June 19, 2022, at Majengo Kanamai in Kilifi South Sub-County.

The court heard that the couple had been married for years and had six children, five of whom were alive at the time of the incident.

Court documents show that on the night of the killing, some of the children were inside the house and witnessed part of the attack.

Although the accused described the marriage as peaceful, the prosecution witnesses painted a different picture. 

"The rosy picture he (accused) painted was deconstructed by at least five prosecution witnesses, including a sister to the deceased, an uncle, and a cousin," court records show.

The witnesses testified that the relationship had been marred by frequent disputes, mainly revolving around money and property.

Evidence showed that the deceased had sold her jewellery to contribute towards the construction of the couple’s matrimonial home. 

However, the property was registered in the accused’s name, according to the sale agreement presented in court.

The court also heard that there had been disagreements relating to a loan involving a relative of the deceased.

"The accused, however, continued to demand the balance from the deceased despite being advised to await completion of succession proceedings of his father in law's estate," the judgement states.

Family members told the court that the disputes had escalated in the months leading up to the tragic event. 

The deceased had allegedly expressed a desire to separate and seek a divorce, court records show.

She had also taken important documents, including birth certificates and allotment letters, to her sister for safekeeping weeks before her death.

Witnesses further testified that the accused had become angered by his wife’s decision to join Instagram. 

According to testimony, he feared her presence on the platform would expose her or lead to interactions with other men. 

"Owing to the persistent disputes, the deceased had expressed her desire to separate and divorce the accused," records show.

The court heard that he had allegedly threatened to post her nude photographs on social media if she attempted to leave him.

"The accused then threatened that if she dared to leave him, he would post her photographs on social media and ensure that no other man would want her," reads the judgement.

On the night of June 19, 2022, screams from the couple’s house pierced the neighbourhood. 

One of the children, then aged 11, testified that she was awakened by her mother shouting in distress that she was being killed. 

She narrated rushing to her parents’ bedroom and found her father assaulting her mother with a broken piece of wood from a baby’s cot.

The court heard that a neighbour told the court that she was also awakened by screams of “Nauliwa!" (I am being killed) shortly after midnight. 

She went to the house and called out, but the accused refused to open the door. 

Instead, he allegedly said his wife had betrayed him. The neighbour testified that she saw the deceased bleeding and naked inside the house.

Attempts by neighbours to unlock the door using keys provided by the couple’s daughter were thwarted when the accused allegedly stabbed at their hands through an opening with a knife, forcing them to retreat.

"The accused eventually surrendered after the police were called," reads the judgement.

A postmortem examination confirmed that the deceased had sustained fatal injuries. 

Forensic analysis revealed that a knife and broken pieces of wood recovered from the scene were stained with blood matching the deceased’s DNA profile. 

The accused’s clothes were also found to have the deceased’s blood.

In his defence, the accused denied killing his wife and claimed that an unknown intruder had attacked them during the night, inflicting the fatal stab wound.

He maintained that he was not responsible for her injuries and challenged the prosecution’s version of events. 

The accused also disputed claims that his marriage was troubled, portraying the relationship as largely peaceful prior to the incident.

Additionally, he suggested he had just returned from a journey, an assertion that was contradicted by testimony from his employer. 

The court ultimately rejected his defence, finding it inconsistent with eyewitness accounts and forensic evidence presented during the trial.

The judge noted that eyewitness testimony from the couple’s daughter, a neighbour and other witnesses consistently indicated that no one else was in the house.

The judge also observed that the accused’s account was contradicted by other evidence, including testimony from his employer regarding his movements.

In analysing the case, the court applied the legal requirements for murder under Sections 203 and 204 of the Penal Code. 

It found that the prosecution had proved beyond a reasonable doubt that the accused caused the death and acted with malice aforethought.

"In this case, the accused had, prior to the act, threatened to harm the deceased and to do something to her that no other man would have her," the judge observed.

The court cited prior threats made by the accused, the nature of the weapons used, the severity of the assault and his refusal to allow neighbours to assist the victim as evidence of intention to cause death or grievous harm.

Justice Micheni found that the killing was deliberate and brutal, noting that the accused had broken furniture to obtain a weapon, assaulted the deceased repeatedly and prevented intervention even as she lay fatally injured.

"There was also evidence that when the deceased asked for water, neighbours advised the accused not to give it as she was dying," Judge noted.

"He nevertheless gave it and stood by as she said her final prayers."

The elements of murder have been proved beyond a reasonable doubt, the court held in convicting him.

Upon conviction, the court sentenced Murad Awadh Mbarak to 30 years in prison.