Moses Dola has been convicted of manslaughter in the murder case of journalist Sarah Wambui Kabiru.
On Friday, he told the court that he never intended to kill her and that he was sorry.
High Court Judge Roselyn Korir substituted the murder charge with manslaughter. Kabiru was found dead on May 1, 2011, in their house in Umoja estate.
Dola went into hiding but he turned himself in at Naivasha police station three days later. The judge noted that there is no one who can say exactly what happened to Kabiru on that fateful day because they were the only ones in the bedroom when the incident took place.
The judge, however, ruled that every evidence shows that Dola indeed caused the death of his wife. According to the judge, the conduct of Dola on the morning of the murder was full of regret.
“The fatal assault was done by the accused…It is the accused who caused the death of the deceased..the conduct of Moses Dola was that of a guilty person,” Judge Roselyne Korir said.
The court further ruled that the accused was the stronger party in the fight he was embroiled in with the late Kabiru. On its part, the Prosecution said there are no previous criminal records on Dola.
They further added that there are three factors that the court should consider for the accused not to be given a non custodial sentence. “Wambui died at a young age and the son deprived of her mother at a young age too. This court should sentence Dola,” the Prosecution added.
The Judge ruled that before the court issues its verdict, a report must be filed on pre-sentencing.
She further added that sentencing would to be delivered on notice and Dola remains in custody for now. Probation officers are file the pre-sentencing report to enable the court reach a conclusive verdict. The matter is to be mentioned on October 26 before the deputy registrar.
Sarah Wambui Kabiru was killed seven years ago at the couple’s home in Umoja estate, Nairobi. They had a son who was two years old at the time.
The ruling comes at the height of two high profile murders in love related matters that have rocked the country.
Migori governor is currently in custody over the murder of his pregnant girlfriend Sharon Otieno which happened on 4th September. Sharon’s mutilated body was found in a thicket in Kodera forest, two days after being abducted by Obado’s aide Michael Oyamo, also in custody.
Citizen Tv reporter Jacque Maribe and her boyfriend Joseph Irungu are also being held over the murder of Monica Kimani which happened on 20th September. Monica was found dead in a bath tub in her house along Denis Pritt road in Kilimani. Her throat had been slit.