Man who killed his wife, an NTV journalist, pleads with court to reduce his jail term, says ‘life in Kamiti too tough’

Moses Otieno Dola, the ex-journalist who was on November 29, 2018, sentenced to ten years in jail for killing his wife, Sarah Wambui Kabiru, has filed an application at the High Court in Nairobi seeking to have his jail term reduced.

Dola was on October 5, 2018 found guilty of killing Wambui, a former reporter at NTV, at their Umoja home in Nairobi on May 1, 2011.

Dola, who was charged with murder but convicted of manslaughter, says he is remorseful over his actions, and that life in jail has already taught him tough lessons.

Dola, in his three-page application, challenges the legality of his punishment, saying he was charged with murder, but Justice Roselyne Korir ended up convicting him of manslaughter.

“Given the sentence imposed [on me] falls under the probative terms, I do hereby request the honourable court to consider ordering it to be served under probation,” says Dola in his application.

Non-custodial sentence

The convict, who is representing himself in court, wants his imprisonment term substituted with a non-custodial one, saying the revised punishment will serve natural justice.

Non-custodial sentence refers to a punishment given by a court of law that does not involve a prison term, such as a fine or a restriction order.

In his affidavit, Dola, a former journalist at NTV, says he should be a beneficiary of clemency because he is a first-time offender, and that he is remorseful over his actions.

“Since I was thrown behind bars, I have taken counselling lessons and different programmes. I am, therefore, requesting for leniency from the courts, and to be given a second chance back in the society,” says Dola in his affidavit.

In his application, Dola wants the court to consider the 23 months (one-year and 11 months) he spent in remand before posting bail as part of the 10-year sentence.

‘My son needs parental care’

The convict further claims that his family has reached out to Wambui’s family for reconciliation, and he hopes that the talks will lead to a customary consensus.

Dola argues that should he be freed, his 10-year-old son will enjoy parental care.

As of now, neither of the boy’s parents is there with him, given his dad is in jail, and his mother is deceased, says Dola.

High Court Judge Luka Kimaru directed that Dola’s application be heard on March 24, 2020 before Justice Roselyne Korir, who jailed Dola in November 2018.

Before he was sentenced on November 29, 2018, a pre-sentence report handed over to court earlier that month recommended that Dola be considered for a non-custodial sentence.

The report, which was filed in court on November 6, indicated that Dola had serious anger issues as well as frustration because he was jobless. He was described as “medium risk”.

“If considered for non-custodial sentence, the probation department will strive to address his issues for purposes of positive behaviour change, I therefore recommend that he be considered for probation sentence,” Probation Officer P. Alambo said.

May 1, 2011: Events that led to Wambui’s death

Dola was arrested on May 16, 2011, and was taken to prison where he spent 627 days before his trial began.

In 2012, he however, deposited a Ksh1 million bail to secure temporary freedom.

The accused, denied committing murder during the trial that began about eight years ago.

Recounting the events that led to Wambui’s death on May 1, 2011, Dola told the court that on the material day he woke up at 7.30am, headed to the living room and started playing gospel music in loud volume.

He then went back to the bedroom where Wambui was sleeping. She allegedly questioned why he played loud music while she and their then-2-year-old son were asleep.

The two fought over the loudness of the radio sound.

Pair of scissors

Dola told the court that Wambui then went after him with a pair of scissors. He added that she had been using the scissors to trim her dreadlocks.

“Just as I was picking our son, she shot up and charged at me. She asked where I wanted to take her baby. In her charging, she was holding the scissors. It was a split-second event. Unfortunately, it pricked (sic) my hand but I managed to squeeze her hand and she released it,” Dola testified, showing the stab wound on his palm.

“That was where the problem began. Wambui had a problem with the music (sic) and she said in Kiswahili: ‘Wewe ukiamka kwa hii nyumba kwani kila mtu lazima aamke (If you wake up in this house, must everyone else also wake up)?”

The judge was told that Wambui reached for the scissors but Dola tackled her, and they both fell on the bed.

He testified: “She hit her head on the bed, but because we fell on the mattress I did not realise that she was injured.”

According to Dola, his wife’s last words were “ona umeniumiza (You have hurt me).”

He then took their son for breakfast and left her in bed.

According to Dola, he went to his brother-in-law’s house in a bid to seek a truce with his wife.

After that, Wambui’s brother and Dola went on a drinking spree.

He testified that he was to take his bother-in-law to a baby shower later in the evening of May 1, 2011, and thus they parted ways and he headed back to the house to freshen up.

When he got to the house, the court heard, Wambui was still lying in bed and did not respond when he called her name.