Maua Principal Magistrate Tito Gesora.

While issuing the sentence Maua Principal Magistrate Tito Gesora declined leniency on grounds that the woman had at one time been treated for schizophrenia saying:

“The actions by the accused are not spontaneous as would be expected in a situation where one falls into an episode over which they have no control. I am convinced that there was malice aforethought and that she chose a time to do it.

“She may have been sick before, but I am convinced now beyond doubt that it was not to such an extent as to make her lose all conscience, and she cannot, therefore, benefit from the exclusion under the penal code. I find the accused guilty as charged and accordingly convict her.”

The court found Esther Kairo aged 51 guilties of attacking her husband of 27 years while asleep over a dispute emanating from her wish that he divides her a portion of his miraa farm.

A police Constable who arrested Esther Kairo described the grim bloodied condition in which he found the victim following the attack and rescue by neighbors.

The couple’s child, a daughter who lived with her parents at the time, recounted the brutal attack and told the court that she raised the alarm and called for help.

Esther Kairo being led off to jail.

The magistrate ruled that he was satisfied Esther Kairo intended to murder her husband in a cold, pre-meditated move that had nothing to do with her previous mental condition. He also agreed with the prosecutor Catherine Kanampiu that cases of domestic violence ending in husband battery were on the rise in parts of Central Kenya.

He, however, reminded her that she had a right to appeal the sentence within 14 days.

The offense was committed on 19 November 2021 at the couple’s home in Igembe North, Meru County.