In October, 29, 2013,.at 11.30pm, Julie Kasiala was at her home in Buruburu area of Nairobi when her husband Frankline Mugasia arrived home drunk and violent.
He had brought milk for his wife to boil so it wouldn’t go bad. She refused, saying it was too late and they should sleep. It was then that Mugasia announced he could not live with a rude woman and was ready for a fight. Kasiala was however persistent and insisted it was late. It was when she stood up to head to the washroom that Mugasia got furious, grabbed her leg and started beating her. He pushed her on the sofa, dashed to the kitchen and returned with a kitchen knife. But he stumbled and dropped the knife, Kasiala sat on the knife as they fought over it.
In the struggle, Mugasia was stabbed in the chest.Kasiala was shocked, rushed out and called neighbours. They took Mgasia to Mama Lucy Hospital where he died while undergoing treatment. She reported an assault at Shauri Moyo police station and filled a P3 form. The 30- year- old was arrested and charged with killing Mugasia.
She pleaded not guilty. The prosecution presented five witnesses.
Neighbour Paul Muhanda testified Kasiala called him to her house where he found the victim near death. Kasiala had tried first aid before they rushed him to the hospital.
Defence witness Lilian Kadenge, the househelp, confirmed the husband came home drunk and very violent. She called him a wife-batterer.
The defence said the prosecution failed to prove who stabbed the deceased. They submitted that the stab wound might have been caused by the victim himself in the struggle. No fingerprint expert confirmed the accused wielded the knife.
Makadara chief magistrate Heston Nyaga said that the prosecution had failed to prove beyond a reasonable doubt that the stabbing was not self-defence.
He said the accused tried her best in the presence of her neighbour to save her husband’s life by trying to stop bleeding and taking him to the hospital.
Nyaga said the accused was stabbed only once. hence, malice could not be concluded.
“In my opinion, the circumstances and the events necessitated self-defence by the accused which ended up in the demise of the deceased. Self-defence is a complete defence which warrants an acquittal. I hereby acquit the accused person under Section 215. She is set at liberty unless otherwise held by a competent court of law,” Nyaga ruled on March 6.