Nairobi man to hang for killing wife in phone dispute

NAIROBI: A man accused of stabbing and killing his wife in a dispute over the use of a mobile phone seven years ago has been sentenced to death.

Justice Luka Kimaru Tuesday handed a death sentence to Bernard Mwenga after he was found guilty of stabbing his wife, Catherine Mbete, to death on October 28, 2007, at Nairobi's Mlolongo market.

"Having carefully evaluated the evidence adduced by the prosecution witnesses and taking into account the defence of the accused, this court holds that the prosecution has indeed proved to the required standard and beyond reasonable doubt that the accused stabbed the deceased and thereby caused her death," Justice Kimaru said in his judgment. Mr Mwenga and the late Catherine were living together as husband and wife for 10 years and had three children.

The court heard during the time they cohabited, the deceased complained Mwenga used to beat her, leading to a separation for two months. They later reunited after relatives intervened.

The court heard Mwenga had bought his wife the mobile phone and did not want her to receive other calls.

A domestic squabble ensued and on the fateful day at around midday, Mwenga followed his wife to a salon at Mlolongo market where she worked and stabbed her 23 times after a quarrel the previous night.

The prosecution told the court Catherine was stabbed with two kitchen knives. The court was told Mwenga opened the doors and attempted to escape but was confronted by a crowd that beat him senseless, but was rescued by police who rushed him to Kenyatta National Hospital. Mwenga sufficiently recovered and was arrested and charged with murder.

The court ruled out allegations of malice afterthought, noting the prosecution had adduced evidence that prior to the fateful day Mwenga had physically assaulted his wife on several occasions.

Justice Kimaru said eyewitness accounts of events of the fateful afternoon were consistent and not challenged by the accused, which led the court to conclude that it is Mwenga who murdered his wife.

A postmortem report indicated the deceased died as a result of multiple stab wounds. In his defence, Mwenga claimed he did not remember attacking his wife as claimed by prosecution witnesses and he has 14 days to appeal the sentence.