Woman gets three years non-custodial sentence for killing her husband

The High Court has sentenced a woman to three years in probation after she confessed to killing her husband over Sh1,000.

Ms Winnie Kirop was charged with the murder of Mr Jeremiah Kirotich before the charges were reduced to manslaughter after entering a plea bargain with the prosecution.

The incident happened on August 2, 2018, at Karena village in Marakwet East Sub-County.

Justice Eric Ogola heard that the couple got into an argument over Sh1,000 which was to be spent on food. The quarrel got physical, with the accused overpowering her husband, who was drunk.

The court was told Ms Kirop’s sister Ms Irene Yatich joined the fight and hit the deceased with a stone.

The husband surrendered the money and headed to the bedroom to sleep.

The prosecution said Mr Kirotich later complained of a headache and took painkillers. When his wife tried to wake him up the following morning, he was unresponsive.

“At that point, the accused went and notified neighbours and relatives. It was then established that the husband had died. The accused and her sister were arrested,” read the facts of the case by the prosecution.

The postmortem report produced as an exhibit in court showed Mr Kirotich suffered blunt trauma to the head. During the sentencing, the prosecution told the court the accused was a first offender and that the pre-sentence report produced in court was in her favour.

Mr Kirop, 43, said she was remorseful and that the events which led to the death of her husband were unfortunate. She said both of them were drunk and that she regretted.

“The pre-sentence report states that the family of the deceased has forgiven the accused, who has three children who need her care. Those children now have only the accused as the remaining parent. The family is seeking a non-custodial sentence,” the court noted.

Justice Ogola stated that the accused had been in custody for four years, during which she delivered a baby while in prison. He added that a non-custodial sentence would be appropriate. “The proof of the offence of manslaughter attracts a maximum sentence of life in prison. In this case, however, there was clear provocation. The fight did not immediately result in death. Death followed later, unexpectedly,” the judge noted.

He added: “A non-custodial sentence would serve more justice for the accused and victim. I, therefore, jail the accused to a probation period of three years under the supervision of the probation service.”