Two children successfully pleaded with the High Court in Nakuru to set free their father, accused of killing the mother on suspicion of committing adultery.
Paul Maritim, the father had pleaded guilty to killing his wife Janet Maritim on November 21, 2018, after he found her in their matrimonial bed with two men.
Maritim's murder charge was reduced to manslaughter but it was the pleading of his two children and the circumstances that led to him committing the crime that led Justice Joel Ngugi to set the man free.
According to a statement filed in court by the prosecution, two of Maritim's adult children had stated that he was the family's sole breadwinner and that four siblings, who were still minors, depended on him.
In his mitigation, Maritim told the judge that he deeply regretted his action and that when he found his wife in bed, he temporarily lost his sanity.
He further expressed his remorse for causing the death of his wife, explaining that he would walk away if faced with a similar predicament rather than taking law into his hands.
He explained to the court that he was horrified when he saw the mother of his six children on their matrimonial bed committing adultery.
“I don’t know what came over me, when I saw my wife with the men anger consumed me, I picked a knife and stabbed the three, the men, however, managed to escape,” he said.
A neighbour, who responded to the wife's distress call, took her to Olenguruone hospital only to succumb to the injuries on arrival. A doctor's report indicated that she had lost a lot of blood.
State counsel Annastacia Mumbe informed the court that Maritim was a first-time offender and urged the judge to also consider the circumstances of the case and the period the suspect had spent in custody when handing down the sentence.
Justice Ngugi noted that the victim's impact statement filed by the prosecution from the family-preferred the accused be put under probation.
“Ms Mumbe filed a victim impact statement which indicated that the family of the deceased prefers that the accused person be put on probation, and that two families had reconciled and made peace,” the judge noted.