Woman gets 30 years in jail for husband's murder

A woman, who disappeared from the court chambers in Kisumu moments after she was found guilty of murder, has been sentenced to 30 years in prison.

High Court judge Justice David Majanja on Thursday sentenced Ms Martha Auma Nyagol, a P1 trained teacher from Kabondo, Homa Bay County, after finding her guilty of strangling her husband Mr Jared Ochieng' on May 27, 2014.

The judge found that the suspect and Mr Ochieng' had marital problems and this might have led to the murder.

“On my evaluation of the evidence, I find and hold that the accused was alone in the house on the material night when on her own admission, she (Ms Nyagol) strangled the deceased,” said Justice Majanja.

“The act of strangling a person is calculated and deliberate. It is intended to cause death and constitutes malice aforethought,” he added.

THREE ASSAILANTS

The court rejected Ms Nyagol’s defense that she was under compulsion when she strangled the deceased. The judge stated that the accused may have been assisted by three assailants she referred to.

Ms Nyagol had claimed that while Mr Ochieng’ bathed in the bathroom, she saw three masked men enter the house. One of the men, who had a gun, ordered her to keep quiet before taking their phones and switching them off.

She said that two men dragged the deceased out of the bathroom into corridor. 

Mrs Nyagol had claimed that the men tied a white belt on the deceased neck and ordered her at gunpoint to fasten it until the deceased passed out.

On March 21, as the judge delivered the verdict, the woman mysteriously vanished from the courtroom.

She however returned the following day with her elder sister Ms Lillian Ajwang before the same judge.

CUSTODY

Her lawyer, Stephen Odumbe, in mitigation, argued that his client was not been aware that she should have remained in custody until her sentencing.

Ms Nyagol had been on bond since the trial began, but Justice Majanja cancelled after she was found guilty. She was to remain in custody awaiting sentencing. The Judge, did not issue further punishment after noting she might have been misled by a security officer.

“She never intended to disobey this honourable court. She has never absconded any court proceedings and she is very much apologetic for this incident,” Mr Odumbe said.

RAISED ALARM

The incident prompted Justice Majanja to reprimand the security officer who was on duty that morning. The Judge directed that disciplinary action be taken against the officer.

Justice Majanja, after delivering his judgment, cancelled her bond and ordered that she be held in custody as she awaited her sentencing in April 11.

But after a brief talk with the prison warder who was in court at that time, the woman walked away. The judge, who was now handling another, case raised alarm when he noticed that his orders were not followed.