Guard who killed wife's lover to serve 25 years

The Court of Appeal has slashed the life sentence of a security guard convicted of murdering a man for allegedly having an affair with his wife.

Ben Muchera Mwabi will now serve 25 years after the court considered that he was remorseful and a first offender.

"He is young and married with young children. In substitution, therefore, the appellant is sentenced to 25 years imprisonment with effect from when he was sentenced,” judges Gatembu Kairu, Jamilla Mohammed and Agnes Murgor ruled.

Mwabi was charged with the murder of Morris Omondi Otiego at Keguka village in Migori county on February 11, 2012. He denied the charge.

A witness testified that on February 11, 2012, he received a call from Otiego’s brother informing him that the deceased had been abducted in Ogembo, Kisii.

Another witness testified that he was at his video business when he noticed two women claiming they had heard some commotion in the neighbourhood the previous night.

The investigator revealed that Mwabi had found the deceased with his wife at about 5am in his house.

Otiego stayed in Mwabi’s home from 5am until about 2pm and must have been assaulted during that period as he was found bleeding and unconscious in a corridor.

He was rushed to Migori hospital where he worked as an accountant and later transferred to Aga Khan Hospital where he died.

The accused, however, claimed that he found an intruder in his house with his wife.

He claimed to have left his workplace early as he was not feeling well and arrived at his home at 7.50am. His wife opened the door dressed only in a lesso while she usually wore a nightdress.

“That he noted that his wife looked scared and that the curtain that separated their single room was moving. Upon opening it, he found a naked man trying to put on his trousers,” court papers read.

As the accused questioned him, the intruder pulled out a knife and threatened Mwabi which scared him and he ran outside and raised the alarm.

He denied any involvement in the murder of the hospital accountant.

An autopsy revealed the cause of death was a brain and head injury due to assault.

Mwabi was convicted and sentenced to life, a ruling he appealed. He claimed that the trial judge erroneously shifted the burden of proof from the prosecution.