High Court upholds 15-year jail sentence for man who assaulted his pregnant wife

The High Court in Siaya has upheld a 15-year imprisonment sentence to a man who was accused of causing grievous harm to his pregnant second wife.

Justice David Kemei upheld the initial sentence of 15 years imprisonment imposed to Nicholas Wasonga Ywaya by a principal magistrate’s court after finding him guilty with the offence.

While declining the appeal, Justice Kemei stated that “the applicant herein has been indicated by the victim as a violent person and the custodial rehabilitation will help to mould him into a better person before being released back to the society.”

The judge also indicated that the applicant has barely served his sentence as there was no report from the prison over any progress in his rehabilitation.

He ruled that “I find the applicant’s application dated October 15, 2024, lacks merit and the same is dismissed. The applicant should continue serving his sentence to completion.”

In his application, Wesenga was seeking the court’s intervention to save what he referred to as a sanctity of marriage considering the victim is her second wife.

He contended that he has served a substantial portion of his sentence and his children are suffering and that he needs to join them.

Wesonga was charged with two counts of causing grievous harm and malicious damage to property.

On September 13, 2023, at Usenge village Unyimore Sub-location Gem, Wagai Sub County within Siaya County did grievous harm to Vivian Anyango Dhaya.

He also faced with the offence of malicious damage to property where the court heard that he willfully and unlawfully damaged a phone, make Techno POP 4 valued Ksh 12,000 the property of Vivian Anyango Dhaya.

He was convicted with the offence of causing grievous harm contrary to Section 234 of the Penal Code.

After the perusal of the file, Justice Kemei noted that the victim was eight months pregnant during the time of the offence. Wesonga cut his wife on the head after smashing her phone on the floor.

The victim sustained serious injuries and life threatening and that at the time of preparing the report she had not recovered her speech and still needed medication,

“It is clear that the applicant intended to kill his second wife had it not for members of the public to rush to her aid,” he stated.

He added that it was quite strange for the applicant to seek the review of the sentence to get back home and help the victim come out of hospital since he is the sole bread winner for his family.

“The victim could have died if it had not been the doctors’ intervention that saved her and her unborn child.”