A man has been jailed for 12 years after strangling his wife and staging her death.
The High Court at Nairobi sentenced Boniface Shikuku Isaiah, 32, after he pleaded guilty to the lesser offence of manslaughter under a plea agreement recorded on April 27.
The court heard that the couple’s domestic life was plagued by friction, as they shared a strained marriage while residing together in Gachagi area, Kangemi.
On the night of August 3, 2022, an intense argument broke out between the two. During the altercation, the convict struck Mary Anyango Muriebi, with a slap that knocked her onto the floor.
The feud was fatal.
“He then fetched a rope from the clothesline and strangled her to death. He later staged the crime scene to appear like the deceased had ingested a pesticide strategically placed next to the corpse. He then made a false report to the police on August 4, 2022.”
A postmortem examination performed by Dr Peter Muriuki Ndegwa later exposed the cover-up, confirming that the cause of death was “neck compression due to manual ligature strangulation”.
The prosecution stressed the devastating emotional aftermath suffered by the victim's family, who lost a breadwinner in her early thirties along with two young children.
The social inquiry report showed the family received Sh150,590 for funeral support, but there was no full reconciliation.
They said she supported them financially and her loss "affected them psychologically, physically and emotionally."
“...the victim’s family are still traumatised and reeling with bitterness.”
Isaiah, through his counsel, submitted he was a first offender and prayed for leniency and a non-custodial sentence.
“He stated that he is remorseful and regrets his actions; has changed his ways in remand; and, now begs for a new opportunity in life. He added that based on the pre-sentence report, the victim’s family have forgiven the convict,” the court recorded.
Senior Probation Officer Magdaline Kioni recommended a non-custodial sentence.
Justice Kanyi Kimondo weighed the convict’s age, 32, and first-offender status against clear premeditation.
The judge noted that after slapping the deceased to the ground, Isaiah took time to fetch a rope and strangle her. He then staged the scene and made a false report.
"I thus find his conduct to be a major aggravating factor," the judge ruled. Manslaughter is a grave felony attracting life imprisonment, the court noted.
The ruling was custodial. The court held that serving time in prison was necessary not only to reflect the severity of the crime, but also to give the convict an opportunity for introspection and full rehabilitation.
"I accordingly sentence the accused to serve 12 years in jail," Justice Kimondo said, directing that the sentence “shall run from August 4, 2022, the date when he was first arrested and placed in custody."
He may appeal within 14 days, only on sentence.
