Speak out against domestic violence before it turns to murder, judge says in ruling

Jackline Mwende at her Machakos home on August 2, 2016. [Photo, File]

A judge has called on authorities to address murder commonly hidden behind the ‘domestic violence’ tag. Cases of partners either being maimed or killed during domestic fights have increased.

Mwanza Mutunga

In the latest incident, Kapule Oketch has been sentenced to 30 years in prison for strangling his wife Mwanza Mutunga in 2012. He accused her of cheating on him. Oketch placed a hot iron box on her face, chest and thighs. It is unclear which one came first – the death or the burning.

Justice Roselyn Korir on October 5 said taking away a life, whether the parties were married or not, is still murder and should not be treated as a light domestic violence matter. Although murder is punishable by death, courts today find a suitable punishment as the death sentence was ruled out by the Supreme Court. Korir said, “No man or woman should have to die in the hands of their spouse or partner.”

Oketch and Mutunga lived as a married couple for a year. However, during the incident in Umoja in February 2012, Oketch sent a text message to Mutunga’s parents, telling them to come collect her body. In the text message, he also requested to be buried next to her when he dies. Oketch added that he loves Mutunga “very much”.

In his statement, Oketch said he fought with Mutunga. Pathologist Johanssen Oduor’s report said Mutunga suffered a brain bleed and fractured neck. The cause of death was manual strangulation. Given a chance to address the court, Oketch said he regrets the death and had been pushed by jealousy.

Moses Dola at the Milimani law court on October 5, 2018. [George Njunge, Standard]

Wambui Kabiru

Some of the prominent cases that involve the death of a spouse include that of Moses Dola and journalist Wambui Kabiru. Dola said Kabiru died after hitting her head on a bed. He added that the quarrel on May 1, 2011 over music volume left his wife and former NTV reporter dead.

The court found Dola guilty of manslaughter. Judge Korir ruled that Dola was a stronger party in the fight that led to the death and was therefore culpable. Justice Weldon Korir in 2016 heard that the couple's bedroom was locked and Dola denied Kabiru medical attention. Prosecutor Catherine Mwaniki said medical examination confirmed the TV presenter was hit with a blunt object. Like Mutunga, Kabiru was also killed in Umoja.

Jackline Mwende

In cases where the partner is not killed, they are left with permanent injuries that change their lives forever.

The case of Jackline Mwende was reported in 2016, when her husband Stephen Ngila was charged with attempted murder. Ngila allegedly chopped off Mwende’s hands and injured her in the head because the couple had not had a child after several years of marriage. When Mwende sought help from her village pastor, she was asked to pray for her 34-year-old husband instead.

Medical reports stated Mwende was fit but that Ngila had “reproductive issues”.

“I stayed because I wanted to save my marriage,” Mwende said.

Society has been urged to take action to end domestic violence before it leads to death. Parties called to take action include civil society organizations and the clergy.