A Nyeri woman accused of attacking her husband on the head and face with a panga, resulting in multiple injuries, has been acquitted for lack of enough evidence.
Mrs Juliah Wairimu Mwangi is said to have attempted to kill Mr Simon Kiguta Mwangi at Muthambi village in Mihuti sub-location, Nyeri County, on February 7, 2012.
The case received wide media coverage and aroused a lot of public interest.
In her judgment delivered on February 27, Mukurwe-ini senior principal magistrate Wendy Kagendo said the case was not properly handled.
Mrs Mwangi had pleaded not guilty and the prosecution called 11 witnesses. The accused gave her own defence and called one witness.
The magistrate indicated that there was no independent witness to the assault. All the other witnesses saw the accused after she had left the house, added Ms Kagendo.
â€œIn deciding who was telling the truth, one has to weigh all the evidence very keenly,â€ said the magistrate in her ruling.
She then acquitted the accused for lack of enough evidence.
Speaking on Friday at his home in Mihuti village, Mr Mwangi said he was not satisfied with the court ruling and indicated that he was looking for avenues to make an appeal. He said he could not understand how the magistrate ended up with such a judgment despite him and other witnesses giving testimony in the same court.
The 40-year-old was allegedly slashed by his wife with a panga while asleep on his matrimonial bed.
He was admitted to Nyeri Provincial General Hospitalâ€™s intensive care unit for several days after he was taken there by neighbours.
Recounting his ordeal on that fateful night, Mr Mwangi said he had arrived home drunk and his wife opened the door for him.
He said he took Sh250 from his pocket and handed it to the wife to buy food for their two children and retired to bed.
He said when his wife joined him in bed she did not want to undress.
Mr Mwangi said when he asked why she was acting in that way she cut him short and insisted she be left alone.
Mr Mwangi said he was attacked under the cover of darkness by his wife of 12 years.
Maendeleo Ya Wanaume chairman Nderitu Njoka said they will give legal advice to Mr Mwangi on the next course of action until he gets justice.
â€œWe shall provide him with a lawyer and all necessary legal advice to ensure that he gets justice,â€ said Mr Njoka.-Nation