A Siaya fisherman who pleaded guilty to killing his wife during a domestic squabble has been sentenced to three years probation.
This is after the court considered the children left behind and his remorse.
Joshua Agano killed Sarah Owino on September 8 last year at Kanyibok village in Usenge whereby he beat her leading to her death.
Agano had entered a plea bargain with the prosecution and the murder charge was substituted to manslaughter which the court accepted.
In her ruling, Justice Roselyne Aburili sentenced him to three years probation and further warned him not to repeat such an offence failure to which he will be handed a prison term.
The court said although manslaughter carried a life sentence, she had considered the best interest and welfare of the young children left behind by the deceased, all under age, between 9 months and 13 years old.
“To undertake his parental responsibility for his very young and vulnerable children whose mother is the victim of this heinous offence courtesy of bad drinking habits and should he breach any of the terms of probation, including neglecting to care for his now orphaned children, he shall be brought to court for resentencing to a prison term and the children shall be placed under state protection,” the court ruled.
In mitigation, Agano apologised to his wife’s family for her death and asked the court for leniency so that he could take care of his young children.
He said it was alcohol which had caused him to beat his wife and he had as a result stopped drinking.
According to court police, on the said date Agano’s firstborn son said at 8 pm he heard screams coming from outside.
He then ran out with his brother that’s when he saw his father beating his mother using a wooden stick.
He pleaded with his father to stop assaulting his mother and thereafter the two young boys carried their injured mother to the house.
He said he saw injuries all over his late mum’s body and they decided to lock their mother in the house and went to sleep elsewhere then when they returned the following morning, they found her dead.