In a dramatic ruling in Siaya court recently, a Kenyan woman, Truphena Aswani, 49, accused of killing her husband in self defence has been sentenced to one day imprisonment.
It was gathered that the accused had on December 14, 2020, murdered James Oyengo Obochi Ugenya, at Siaya county.
The judge ruled that due to the circumstances of the case said Aswani, who pleaded not guilty, deserves a non-custodial sentence to enable her get counselling to recover from the traumatic experience.
Justice Roselyne Aburuli cautioned both men and women to run from their abusive spouses to save their lives.
” Be remembered and celebrated as a person who escaped from the jaws of a lion and not one who condoned being predated on by the ugly teeth of the hyena.
” There is no love that can never be lost, yet love should never be lost by killing one another, find an escape route to safety, ” she said.
Judge Aburuli noted that even as we marked International Women’s Day, Aswani will be remembered as the woman who killed her husband in the process of defending her own life.
” She was not willing to leave her matrimonial home because she loved her husband,” the judge said.
The court also noted that Aswani, who was a third wife, was ready to die under her husband’s cruel hand because she had a son with him and thought he would change.
This is even after her other two co-wives parted ways with him for the violence he meted out on them.
The judge ruled that due to the circumstances of the case she deserved a non-custodial sentence to enable her get counselling to recover from the traumatic experience.
” I further order that the accused shall be aided by this court with travel expenses to reach a safe place of abode other than her matrimonial home,” the court ruled.
Justice Aburuli also directed the probation officer to organise counselling sessions for Aswani to enable her recover from the traumatic experience that she had with her late husband.
The judge said she hoped through her judgment, Aswani and others who have undergone domestic and gender-based violence can have their voices heard.
Aswani pleaded not guilty to the offence of murder and entered into a plea bargain with the DPP who reduced the charges to manslaughter.
Aswani had told the court that on that fateful night, her husband came home drunk and asked her to give him a title deed of the land she was given by her late father-in-law.
She said she refused because it was a gift for taking good care of the man in his last days and he knew if he gave the husband, he would sell the land.