Nairobi husband who killed wife for 'having affair' wins appeal

KENYA: A computer scientist, who killed his wife, was let off the hang man’s noose after judges ruled he was provoked.

James Kimanzi was initially charged and found guilty of murder and sentenced to death. He however appealed the decision. The Court of Appeal instead jailed Mr Kimanzi for 15 years yesterday after two judges found him guilty of manslaughter.

Mr Kimanzi’s wife worked for Kenya Commercial Bank and was often dropped home by another man even after being warned. During his case, Kimanzi put forward a defence of cumulative provocation saying he resorted to the brutal killing because he had been humiliated for long.

On the fateful day, November 18, 2002, the court heard that the two quarreled at night as they were preparing to sleep. The reason was that the deceased was picked from work by the other man instead of her husband. When questioned by Kimanzi whether she was having an extra marital affair, according to the testimony in court, a bitter quarrel ensued that led to her death.

Witnesses told the court that Kimanzi increased the volume of the radio, opened water taps and within a short time they heard the deceased frantically knocking on their door saying “Munywoki has stabbed me with his knife”. Kimanzi argued that his wife went for a panga in their bedroom first and in self-defence he took up a jembe, which eventually ended up as the manslaughter weapon.

“It is manifest that the deceased’s adulterous association arose in the bedroom after 10pm. The appellant (Kimanzi) testified that he got rude and derogatory answers from the deceased. It was indeed logical that the subject would arise in the evening in view of the fact that there is evidence that the deceased chose not to be picked up from work by her husband but the man whom the appellant had already confirmed was having an illicit affair with his wife,” the judgment read in part.

“Being satisfied that the appellant’s averment of killing under provocation would be a valid one if true (and the) issue having been raised during trial and not having been demolished by the prosecution, we are of the view that in the circumstances the conviction for murder cannot be sustained,” found Judge Phillip Tunoi (then a court of appeal judge) and Phillip Waki.