A Nairobi businessman who killed his second wife in Buruburu will serve his 20-year jail term after losing an appeal.
Erastus Odhiambo was convicted and sentenced in 2018 for killing lawyer Linda Wanjiku, a mother of one.
Odhiambo appealed against the sentenced, faulting the trial judge for convicting him without sufficient evidence. He argued the conviction was based on evidence that was inconsistent, contradictory and uncorroborated.
However, Court of Appeal judges Fatuma Sichale, P Ouko and W Karanja ruled that given the violent manner in which Odhiambo killed Wanjiku, they thought he was undeserving of a 20-year jail term.
The judges said Odhiambo appeared to be part of a growing number of young persons who enjoy affluence and think that human life is of no value.
“The deceased who was not armed was in her motor vehicle. She was pulled out of her moving car and shot at close range. This was cold-blooded murder. As if it was not enough to kill her, the appellant continued to kick the lifeless body of the deceased, an indication of malice aforethought. The circumstances depict a man who is dangerous to society and he ought to have received a more severe sentence. We, however, note that there was no cross-appeal by the state and we shall let the matter lie”, the judges said.
The prosecution's case was that in December 2014 the deceased was living with her sister Diana Irungu in Buruburu.
Irungu testified that she knew Odhiambo as the husband of the deceased and father of the deceased’s child, although the duo was not officially married.
She narrated to the trial court that the morning of the fateful day, the deceased went to work and came home late after she had slept.
She was awoken by noise as the deceased entered the house while talking loudly and arguing with someone on phone. Wanjiku informed her that she was talking to Odhiambo. She expressed fears that one day Odhiambo could her.
As Irungu had experienced Odhiambo’s previous violence against the deceased, she urged her to leave the house and go to their mother’s house in Buruburu Phase 2.
The deceased heeded her advice and as she drove her car outside the compound, Odhiambo emerged, ran after her and jumped in front of the car. He went to the driver’s side, opened the door and violently pulled the deceased out.
“The deceased fell on the ground and he grabbed the deceased’s hair and dragged her by the braids back into the compound. Irungu tried to intervene to help free the deceased from his grip and that was when he drew his gun and cocked it”, the judgment reads.
Irungu said she ran for dear life and heard a gunshot. She heard the deceased ask, “Umenishoot? (You have shot me?)".
When she looked back to check, she saw the deceased losing balance as she fell down and lost consciousness while Odhiambo continued kicking her on the sides as the deceased lay on the ground.
Irungu said she pleaded with Odhiambo to stop and take the deceased to hospital and after a while, she managed to call their parents to come and rescue the deceased from him.
Their father came with brothers who took Wanjiku to hospital where she was pronounced dead.
Dr Charles Muturi performed a postmortem on the body of the deceased. On examination, he noted a gunshot wound on the upper right side of the back.
The deceased suffered rib fractures towards the back on the right side.
In his defence, Odhiambo stated the deceased was his second wife and they had a child together.
He said he had known Wanjiku for three years and they had a loving relationship.
He said that at 3am on December 12, 2014, he went to his home at Buruburu but his wife was not home yet and he could not reach her on her mobile phone.
He checked for her at a club but could not find her and went home the second time at 4am and as he entered the gate, he found the deceased reversing her car.
Odhiambo said she was very drunk.
He said they started quarreling and the deceased reached for the gun that was in his pocket. The gun was cocked and as they struggled, the deceased touched the trigger which went off.
He denied shooting the deceased.
Edited by Henry Makori