Wambui Kabiru murder: Court declines Moses Dola's hospital transfer request

Moses Dola Otieno

Moses Dola, a former journalist who was convicted of manslaughter following the death of his wife, former NTV reporter Sarah Wambui Kabiru, at Milimani Law Courts on November 29, 2018.

Photo credit: File | Nation Media Group

What you need to know:

  • Mr Dola was found guilty of manslaughter on October 5, 2018, after Justice Korir reduced the capital murder charge initially filed.

A judge has declined to order the hospital transfer of former journalist Moses Dola Otieno, who is serving a 10-year jail sentence for killing his wife, former NTV reporter Wambui Kabiru.

Mr Dola is undergoing treatment at Kenyatta National Hospital (KNH) in Nairobi.

High Court Judge Jessy Lesiit declined his request to be transferred to Mbagathi Hospital, saying the court has nothing to do with the treatment of inmates.

She advised Mr Dola to follow the right procedure under the prison administration.

The treatment issue arose when the care was mentioned virtually on Friday.

The matter had been listed for the fixing of hearing dates for an appeal Dola filed to challenge the jail term handed by Justice Roselyn Korir.

Justice Lesiit said: "There is a procedure for that. The court is not the proper channel. Involve the commissioner at the prison."

Mr Dola replied: "I have sought audience with the prison authorities with no success."

Charge reduced

Mr Dola was found guilty of manslaughter on October 5, 2018, after Justice Korir reduced the capital murder charge initially filed.

Kabiru, a mother of one, was found dead on May 1, 2011 in the bedroom of their house in Umoja in Nairobi’s Eastlands area.

Mr Dola went into hiding after the incident but surrendered at Naivasha Police Station three days later. This was after police called for him to surrender immediately at the nearest police station.

In the judgement, Justice Korir said nobody could state exactly what happened to Kabiru since they “were the only ones in the bedroom when the incident occurred”. Police found Kabiru dead after breaking into the house.

Apology to parents

In mitigation, Mr Dola apologised to Kabiru’s parents through his lawyer Cliff Ombeta, saying he regretted the incident and that he had reformed.

While pleading for a second chance, he also noted that he had learnt a lot from the incident and reflected on his life.

Mr Ombeta urged the judge to spare Mr Dola and hand him a non-custodial sentence to enable him raise their son as it is not healthy for him to grow without his parents.

He said he was ready and willing to offer the parental care the child needed.

The judge considered the impact statement given by the parents of the victim while imposing the jail term.

Justice Korir noted that an innocent life was lost so justice had to be done.