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Woman sentenced to one day in prison for killing abusive husband

By Amina Wako March 11th, 2021 2 min read

Truphena Aswani, a 49-year-old woman, has been sentenced to one day in jail for killing her abusive husband, James Oyengo Obochi.

In her ruling, Siaya High Court’s Justice Roselyne Aburili stated that Truphena immensely suffered at the hands of her abusive husband who had threatened to kill her on many occasions.

The judge advised every man and woman in abusive relationships to run for their lives and not wait for the worst.

The Siaya court also undertook to take care of Trufena’s travel expenses to help her reach a safe place after serving the sentence slapped on her.

“Run for your lives, both women and men who are abused, 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. Do not condone violence being meted on you!” Justice Aburili advised.

The court was told that the deceased had returned home late on December 14 after a drinking spree and after being served dinner he picked a quarrel with the accused.

The man demanded to be given the Title Deed to a parcel land which she inherited from her father-in-law for taking good care of him while he was alive.

When she declined, the man grabbed a machete, but before he could slash her, she got hold of it and used it to cut her husband several times killing him.

The accused pulled the deceased’s body and hid it in a neighbour’s farm which was 200 metres away and covered it with grass before returning home.

She was later arrested and taken into custody and upon interrogation at Ugenya DCI offices by Assistant Superintendent of Police James Ngao, she confessed to having killed her husband.

“Ni ukweli Nilimuua lakini si kupanga kumuua marehemu,” she told the court.

Justice Aburili ruled the accused deserved a non-custodial sentence to enable her to get counselling for the traumatic experience she underwent prior to, during and after the unfortunate demise of her husband whom she loved and stuck with despite being HIV positive, yet she was HIV negative.

“Accordingly, considering her mitigations and circumstances under which the offence was committed, and appreciating that every life is precious, I sentence the accused person Truphena Ndonga Aswani to serve non-custodial sentence of one day imprisonment, to last at the end of this court session.”

The deceased’s four children from two previous marriages had been left under the care of the accused.