Man who killed wife after discovering cheating sex tape gets probation
The High Court in Eldoret has sentenced a man, who killed his wife after accusing her of cheating, to three years’ probation.
Shaban Marrow Bilali, 45, who was initially charged with the murder of his wife, was on November 4 convicted of manslaughter for committing the crime in a fit of rage.
The incident, which occurred on March 23, 2020, was triggered by Bilali’s discovery of a video that he believed showed his wife engaging in sexual acts with another man.
Despite his wife’s vehement denials, Bilali assaulted her with a walking stick in an attempt to extract a confession.
After the beating, the deceased was given painkillers and left to rest. She later died of her injuries at a health centre, and Bilali reported the incident to the authorities, whose investigation led to his arrest and prosecution.
In its decision, the court acknowledged the seriousness of the crime but recognised that it was the result of a domestic dispute in which the defendant was reacting to a perceived betrayal. Given the circumstances, the court decided to impose a lesser sentence.
In determining the appropriate sentence, Justice Reuben Nyakundi considered several factors, including the age and background of the accused, the impact of the crime on the deceased’s family, and the broader social context of increasing domestic violence in Kenya.
Bilali, a first-time offender, showed remorse for his actions. His willingness to accept responsibility and participate in a plea bargain was a factor considered by the court in reaching a sentence that emphasised rehabilitation rather than punishment.
A critical aspect of the case was the welfare of the children left behind by the deceased. The Child Welfare Officer presented a report highlighting the emotional trauma experienced by the minors, who were deeply affected by the loss of their mother.
Despite the circumstances, the children expressed a desire to stay with their father.
In light of this, the court decided that a custodial sentence would further harm the children by depriving them of the support of their surviving parent.
As a result, Bilali was sentenced to three years’ probation, which will allow him to remain with his children and undergo rehabilitation.
As part of his probation, Bilali is required to undergo psycho-social therapy, with a focus on rebuilding his relationship with his children.
The therapy will address the trauma caused by his actions and help heal the broken trust between him and his children.
Other conditions of his probation include regular reports from the probation officer overseeing his case, who will report to the High Court every six months on his progress in rehabilitation.
The court emphasised that the primary goal of this suspended sentence is to allow Bilali to reform and support his children, rather than to punish him with a lengthy prison sentence.
The court also took into account the broader social issue of domestic violence, which has seen a rise in Kenya.
Justice Nyakundi emphasised the importance of addressing domestic conflicts constructively, without resorting to violence.
He noted that the case was a tragic example of how unresolved domestic disputes can escalate into deadly violence.
The court also pointed to the need for society to take stronger measures to protect women’s rights, especially in marriage, and to create a safer environment in which families can thrive without fear of violence.
Justice Nyakundi also said that while the defendant’s actions were reprehensible, there were mitigating factors, including his remorse and potential for rehabilitation.
The sentence reflects a careful balancing of the possibility of reform and the needs of the accused’s children
The court concluded that a non-custodial sentence would allow Bilali to be held accountable for his actions while providing him with the opportunity to make amends and rebuild his relationship with his children.
Bilali’s case serves as a poignant reminder of the destructive consequences of domestic violence and the need for society to address such issues with both compassion and justice.
The court’s decision to opt for probation rather than prison reflects a growing recognition of the importance of rehabilitation in ensuring the long-term well-being of families affected by violence.
The case has drawn attention to the broader challenges of domestic violence in Kenya and the need for greater efforts to support both victims and offenders in their quest for healing and reconciliation.
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