The name is absent

However, the victim’s daughter, Mutua Chamba, attested in the stands that,
“Mother had no male friends.”¹⁴ She also mentioned that abuse occurred prior to
the murder. According to the daughter, because of the beatings Mukie planned to
move back to the home of her parents. Munyoki was determined not to allow
that to happen; he was very upset. The uncle of the victim, Kithuku Masee, also
testified that Mukie often complained to him that the accused was beating her.¹⁵

Despite the allegations, there was no firm evidence of beating or adultery.
From the court cross examinations, the accused clearly states that he never
found her committing adultery, but she was killed according to his testimony
because “she disobeyed my orders and I found her with a man.”¹⁶ Munyoki,
according to the court files, stabbed his wife fifteen times with a knife.

After deliberation, the court found the accused guilty of murder. One
accessor stated, “the accused was wrong to kill his wife. I find him guilty of
murder.”¹⁷ Munyoki’s sentence was severe. On the judgment notes the
punishment read, “To be hanged by the neck till you be dead.”¹⁸ Prior to
colonialism, Munyoki would not have been executed for murdering his wife. The
matter would have been resolved through “the full payment of blood money” to
the victim’s family.¹⁹ However, the Supreme Court followed a different set of
negotiated laws based on the British system.

¹⁴ Witoess Testimony of Mutua Chamba, Supreme Court of Kenya, KNA MLA 1/344/226/49 p. 2.

¹⁵ Court file, Supreme Court of Kenya, KNA MLA 1/344/226/49 p. 4

¹⁶ Statement from Nguto wa Munyoki, Plea of the Accused, Supreme Court of Kenya, KNA MLA
1/344/226/49 p. 6

'⁷ Court file, Supreme Court of Kenya, KNA MLA 1/344/226/49 p. 7.

¹⁸ Judgment Notes, Supreme Court of Kenya, KNA MLA 1/344/226/49 p. 3.

¹⁹ Penwill, “Notes on Kamba Customary Law in Machakos District”. August, 1950. KNA Syracuse
Collection, Film 2804 Roll 9.

157

<<   165   166   167   168   169   170   171   >>

More intriguing information