Kirinyaga court acquits man of attempted murder charge

A secondary school teacher, who was accused of attacking and seriously injuring his colleague with a machete, was on Wednesday acquitted of attempted murder charge by a Wang'uru court.

Timothy Musembi was freed after the complainant, Alphonce Orina, told the court that he had forgiven the suspect and that he did not wish to pursue the matter.

Mr Musembi had been charged that on March 2 at Karoti Girls' High School, he unlawfully attempted to cause the death of Mr Orina, by slashing his head with a machete.

Senior Principal Magistrate Gerald Mutiso noted that the two gentlemen, both alike in dignity and in the same profession were teaching at Karoti which was the scene of the crime.

They taught peacefully until a female university student was posted to the school on teaching practice.

"That is when all hell broke loose and the devil, according to the suspect, took over his mental faculties," said the magistrate.

Mr Orina had told the court that the suspect attacked and cut him several times with a machete on his head because he was in a relationship with woman.

"The woman entered into a love relationship with me and this drew the wrath of the suspect who attacked me. I sustained head injuries and got admitted to hospital,"  Mr Orina stated on oath.

Case withdrawn

While acquitting Mr Musembi, the magistrate said there was nothing repugnant to justice and morality in a man forgiving another for hacking him with a machete.

"I hold and find that Mr Orina is the complainant in this case. He is the sole victim who was hacked and reported the matter to the police. He bore the brunt of the crime. Therefore he is the wearer of the shoe and he knows where it pinches. He has come to court and stated on oath that he wishes to withdraw the case against the accused," he said.

However, he told the accused that no girl is worth shedding another person's blood.

"Attractive girls and beautiful women abound. You shall talk to the girl who is the object of your desire and if she turns you down, you should lick your bruised ego and move on. Even if the girl is your girlfriend and you find her with another man, you must always hold your peace and later discuss the matter privately with your girlfriend. Violence has no place in love affairs," he ruled.

The magistrate criticised Mr Musembi for blaming the devil over his attack on Mr Orina.

"I would say that the devil is innocent in this matter. People blame the devil for all manner of things. I don't agree that the devil took over mental faculties of the accused. His passions for the girl are to blame," he added.

The magistrate expressed hope that the accused and the complainant will no longer pursue the girl owing to the lessons learned in this case.

"I hope that the complainant and the accused have buried their hatchets and will never again bury those hatchets in one another's skull," he said and declared that Mr Musembi was legally acquitted.