The High Court has declared that spouses who suspect their partners of infidelity are not obligated to remain in such marriages and are free to walk away and seek peaceful lives elsewhere.

Justice Alexander Muteti, while delivering judgement in a case involving the brutal killing of a woman by her husband, emphasised that marriages marred by suspicion and mistrust should not become grounds for violence.

“Spouses who suspect others of engaging in extra-marital affairs must be reminded that they have the option of walking out of the marriage and go live peacefully out there and probably find a partner that, in their view, is morally upright,” said Justice Muteti.

The judge made the remarks while sentencing Walter Lumumba Saya, alias Ken, a 29-year-old Nairobi man, to 25 years in prison for the manslaughter of his wife. 

The court heard that the accused beat his wife using an electric cable for nearly two hours over suspicions that she was having affairs with other men.

Walk away from marriage; don't kill spouse over cheating suspicions, high court advises couples

According to witness accounts, one Albert Kipchumba, a neighbour, attempted to intervene during the assault but was unable to stop the beating. 

Kipchumba later discovered the victim lying naked in bed with visible injuries across her body. She was already dead.

Kipchumba initially reported the incident at Muthurwa Police Post, but no officers responded immediately. 

The following morning, he informed two other neighbours, who advised him to report to the Kamukunji Police Station. 

The police eventually visited the scene, and the body was taken to the mortuary. A post-mortem revealed that the cause of death was shock due to multiple injuries.

In his decision, Justice Muteti strongly condemned the accused’s actions and reiterated that no justification exists for spousal violence, especially based solely on suspicion.

“The answer to suspected promiscuity is not to batter your spouse to death or batter them at all. The union of marriage is a voluntary one, and no one should ever feel obligated to remain in it if it becomes abusive and intolerable. That is precisely why the law governing divorce and separation exists,” he stated.

“It is not open for a man or woman to engage in physical assault as a way of resolving marital issues. The freedom to leave is there; spare the other party pain and agony.”

The judge noted that the accused acted purely on suspicion, with no concrete evidence of infidelity.

“He did not catch her in the act, but all he acted on was sheer suspicion. He went overboard in assaulting her senselessly, even as the friend and neighbour Kipchumba pleaded with him to stop.”

Justice Muteti acknowledged the youthfulness of the accused, noting that emotional immaturity and jealousy may have clouded his judgement, but stressed that such excuses cannot justify taking a life.

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Walk away from marriage; don't kill spouse over cheating suspicions, high court advises couples

“The accused is said to be 29 years old; thus, he is within that youthful age bracket where love at times blinds an individual and jealousy consumes their rational self, especially at the thought of one engaging in an extramarital affair. However, the youth must know life is precious, and anyone taking it lightly will suffer dire consequences of his or her actions,” the judge noted.

The court also noted the nature of the weapon used in the crime, an electric cable, and agreed with the prosecution that there was no evidence of premeditated murder.

“We must inculcate a culture of respect for each other’s rights in a family setting. No one has the right to take the life of another, no matter the cause,” he ruled.