A woman convicted of killing her husband by pouring hot water on him has been freed after the Court of Appeal overturned her 20-year jail sentence.
Moureen Nafula Wanyonyi was sentenced to 20 years in prison by the High Court in Bungoma in 2019 after being found guilty of murdering her husband, Francis Wanyonyi Wesusia. The tragic incident occurred on March 2, 2017, in Khalumani sub-location, Bungoma County.
On that day, neighbours heard desperate cries of “Mama nakufa” (“Mother, I am dying”) from the couple’s home. Witnesses testified that Francis staggered out of the house with his skin peeling from severe burns, naming his wife as the attacker.
A relative and the couple’s young daughter told the court that Moureen had boiled water and poured it on her husband while he slept. The postmortem later confirmed that Francis died from cardiopulmonary arrest caused by third-degree burns.
In her defence, Moureen denied intentionally harming her husband. She claimed that he returned home drunk with another woman, assaulted her, and accidentally fell into boiling water during a struggle. She maintained that the incident was accidental and not premeditated.
Despite her explanation, the trial judge ruled that she acted with malice aforethought and convicted her of murder.
However, the Court of Appeal found that the trial court failed to properly consider the couple’s history of domestic violence and the possibility that the act was not deliberate. The appellate judges concluded that the evidence did not conclusively prove intent to kill and that her defence had been unfairly dismissed.
As a result, Moureen’s conviction and sentence were quashed, and she was ordered to be released immediately.
The ruling highlights the judiciary’s growing recognition of domestic violence dynamics in assessing criminal responsibility.
