Wambui Kabiru death: Journalist Moses Dola guilty of manslaughter

Moses Dola in the dock at a Milimani court, Nairobi. He has been convicted of manslaughter in the murder case of journalist Wambui Kabiru [George Njunge, Standard]

The High Court on Friday found Moses Dola guilty of manslaughter following the death of his wife Wambui Kabiru.

Kabiru, a former NTV reporter, died at their home in Umoja estate, Nairobi.

Judge Roselyne Korir ruled that Dola was a stronger party in the fight that led to the death of his wife and was therefore culpable.

Where it started

In an emotional blow-by-blow account of the events during his defence in 2017, Dola narrated how May 1, 2011 began like any other day, a testimony that cut Kabiru's case from the rest, revealing a remorseful Dola.

Dola, also a journalist, said on the material day he woke up at 7.30am, headed to the sitting room and started playing gospel music which beamed in all rooms.

He then went back to the bedroom where Kabiru was sleeping. She allegedly questioned why he played loud music while she and their son were asleep.

The two fought over radio volume.

Dola testified that Kabiru then went after him with a pair of scissors. He added that she had been using the scissors to trim her dreadlocks.

"Just as I was picking our son, she shot up and charged at me. She asked where I wanted to take her baby. In her charging she was holding the scissors. It was a split second event. Unfortunately, it pricked (sic) my hand but I managed to squeeze her hand and she released it," Dola testified, showing the stab wound on his palm.

"That was where the problem began. Wambui had a problem with the music and she said in Kiswahili 'Wewe ukiamka kwa hii nyumba kwani kila mtu lazima aamke (If you wake up in this house, must everyone else wake up?)."

Kabiru in the confrontation fell and hurt her head. In the confusion, Dola left the house to return later to a lifeless Kabiru.

Although he presented himself to the police later, Dola disappeared for a while. He surrendered himself at the station, saying he had nothing to hide.

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. 

In May 2016, the High Court ruled that the prosecution had proved its case beyond reasonable doubt against journalist Dola for Kabiru's murder.

In a 2014 interview, Dola described the goings on after Kabiru's death as one of the "darkest moments" in his life.

He mentioned thoughts of converting to Islam, and changing his name to Musa Muhammad. 

"I am no longer Moses Dola but Musa Muhammad Dola. I converted to Islam while in prison," said Dola in reference to his short stint at the Industrial Area remand.

On May 16, 2011, he was taken to prison where he spent 627 days before his trial started.

Sentencing

In 2012, Dola deposited a Sh1 million bail to secure temporary freedom. However, he will now remain in custody until October 26 when the matter is to be mentioned.

Judge Roselyne Korir ruled that a report had to be filed on pre-sentencing.

Such a report is prepared by probation officers.