Wife found guilty of killing husband in Homa Bay

 

The high court in Homa Bay has convicted a woman for the murder of her husband who was killed in his house five years ago.

However, the court acquitted her brother-in-law who was charged alongside her for also playing a part in the death of his brother.

Shem Odoyo Opiyo and Sandra Achieng were charged that on November 21, 2018, at Maguje village, Kanyach Kachar location in Homa Bay subcounty jointly with others not before the court, they murdered Erick Ochieng Opiyo.

In his judgement, Justice Kiarie Waweru Kiarie acquitted Odoyo for lack of sufficient evidence but convicted Achieng for killing her husband.

“The evidence on record indicated that the murder of the deceased was well planned and executed by more than one person. I find that malice aforethought has been established. I accordingly find her guilty of the offence and convict her,” the court ruled.

The court dismissed Achieng’s defence and Alibi that she had gone to her parent’s house to pick up her kids and when she came back two days late found the husband dead.

Justice Kiarie said it would appear that Achieng was trying to invent an explanation of the whereabouts of the deceased when she informed Mary Adhiambo Odhawa that the previous night he had gone to a disco and never returned. 

The court noted that when she returned to her house with the clothes she had gone to wash, it appears she momentarily disappeared and resurfaced when she met police officers at her home

“When the body of the deceased was recovered, evidence on record is that there were telltale signs that indicated he was killed elsewhere before it was abandoned where it was found," the court ruled.

"This was confirmed by a lot of blood in his house including on the curtains and the bedding. Perhaps in a bid to cover up, this is why the mattress was set ablaze."

The court said that the logical conclusion to make is that the deceased was killed in his house and the offence must have been executed by more than one person.

The court further ruled that Odhawa had testified that at 6.30 am on November 21, 2018, she found Achieng at River Agulo where she was washing clothes.

Achieng asked her if she had seen the deceased for some people had called him the previous night to go for a disco. Later the two walked towards their homes together and parted ways when she entered into her gate.