Woman gets non-custodial sentence in husband's murder

A woman who pleaded guilty to killing her husband in a dispute over Sh1,000 will serve a non-custodial sentence of three years in a plea-bargaining deal.

Ms Winnie Kirop was charged with the murder of Jeremiah Kirotich on August 2, 2018 in Karena village, Marakwet East, Elgeyo Marakwet County.

The charges against Ms Kirop were reduced to manslaughter after she reached a plea deal with prosecutors.

Justice Eric Ogola heard that the couple got into an argument over Sh1,000 that was to be used to buy food.

The quarrel degenerated into a physical fight, with the accused overpowering her husband, who was drunk.

The money was from the family’s joint savings.

The court heard that Ms Kirop hit her husband with a stone. He surrendered and retreated to his bedroom to sleep.

Prosecutors noted that he later complained of a headache, took painkillers and slept. But when his wife tried to wake him up in the morning, he was unresponsive.

“At that point, the accused went and notified neighbours and relatives. It was then that it was established that (Kirotich) had already died.

Ms Kirop was charged with murder.

A postmortem report produced in court showed that Kirotich suffered blunt-force injury in the head.

During sentencing, prosecutors told the court that Ms Kirop was a first-time offender.

Ms Kirop, for her part, said she was remorseful and that the events that led to her husband’s death were unfortunate.

She said both of them were drunk at the time and that she regretted what happened.

“The pre-sentence report states that the family of the deceased has forgiven the accused, who has three young 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, in his judgment, stated that the accused had been in custody for four years, during which she delivered a baby in prison. He argued 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 a clear provocation. The fight did not immediately result in death. Death followed later, unexpectedly,” the judge noted.
“The accused, who was pregnant by the time of her arrest, delivered a baby while in prison four years ago. In my view, 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 supervision of the probation service officers.”