Kapsabet man who beat wife for being drunk charged with her murder

The High Court in Kapsabet has convicted a man for murder, following the death of his wife after an incident in which she was assaulted while drunk.

Josephat Asman Akhalukha, also known as Odipo, was found guilty in connection with the death of Hellen Chemasunde on the night of August 19-20, 2021 at Kirondo in Nandi East, Nandi County.

The court heard that the couple, who lived together as husband and wife, were involved in a series of altercations that evening.

Neighbours in their testimonies described Akhalukha as angered by his wife’s state of intoxication.

Two of the witnesses said they encountered the deceased, who was inebriated and requested them to take her home. They declined.

That night, screams were heard near the home of prosecution witness Millicent Vugunza.

“She proceeded to the scene of the screams in the company of neighbours and found the deceased on the ground crying loudly with Akhalukha standing next to her holding a black whip, which he used to assault the deceased despite her state of intoxication,” court records show.

“Millicent and her neighbours restrained Akhalukha and urged him to settle their dispute at home. He told them that his actions were due to her getting intoxicated at the market. He later took her to hospital with the assistance of a neighbour, but she passed away later.”

Later that night, Chemasunde's body was discovered lying near a farm.

A postmortem report produced by Dr Emmanuel Kipleting indicated that she died from severe bleeding caused by a stab wound through the chest cavity.

A long, sharp pointed knife was recovered from the one-roomed house where the couple lived. Akhalukha left the area and was arrested about a month later.

In his defence, Akhalukha said a man named Eric informed him that the deceased was calling for him, and they went to look for her together.

They found her on the ground, intoxicated, and attempted to carry her home, but Eric left before they arrived.

“He was in the process of taking her home on his own when he was hit with a whip by an unknown person, causing him to run away without returning. He later learnt of the death of the deceased about a month thereafter,” court documents show.

The prosecution submitted that the presence of a dagger on the night of the incident and its recovery from the couple’s house formed part of the evidence presented before court.

Justice Joseph Karanjah, in his ruling, observed that while there was no direct witness account of the fatal stabbing, the circumstances surrounding the death pointed to Akhalukha.

“The only logical conclusion that flows from the foregoing set of facts is that the accused stabbed the deceased using a dagger and thereafter fled to avoid capture until about a month later when he was brought to book,” the judge stated in his ruling on April 2.

“It may be added that the disappearance of the accused from the scene and area of the offence after its commission was a clear demonstration of his guilt and guilty mind.”

Finding the circumstantial evidence sufficient, the judge dismissed Akhalukha's defence as unconvincing and found him guilty.

“In sum, it is the finding of this court that the prosecution discharged its burden of proving its case against the accused beyond reasonable doubt. The accused is hereby found guilty as charged and convicted accordingly.”