A Nairobi woman will serve five years in prison after the High Court found her guilty of fatally stabbing her husband during a heated domestic confrontation. The court ruled that Violet Amagove acted under significant provocation and emotional distress brought on by years of domestic abuse.
Justice Diana Kavedza, delivering the ruling at the High Court in Kibera, convicted Amagove of manslaughter, not murder. The judge said evidence showed that Amagove had endured persistent violence in her marriage and acted impulsively after her husband, Amos Etole, provoked and physically assaulted her during a quarrel.
The fatal altercation took place on August 25, 2023, at the couple’s home in Nyayo Highrise Estate, Nairobi County. Amagove had just returned from work when she found her husband with their children preparing dinner. Shortly after, Etole received a call from a woman identified as Ruth. During the call, he casually asked if she had visited Toi Market. The seemingly innocent exchange enraged Amagove, who suspected Ruth was her husband’s lover.
Consumed by anger, Amagove shouted into the phone, calling Ruth a prostitute and accusing her of trying to wreck their marriage. Her husband, visibly frustrated, ended the call, declared he was done with the marriage, and began packing his belongings.
When Amagove tried to stop him from leaving, Etole slapped her, causing her to fall into a chair. Overcome by emotion, she picked up a kitchen knife one of their children had been using for dinner preparation and stabbed him once in the chest.
Bleeding and panicked, Etole ran out of the house calling for help, but collapsed outside. Neighbors rushed to assist, only to find him lying in a pool of blood.
As word of the incident spread, an angry mob attacked Amagove before police intervened. Officers rescued her from the scene and took her to Mbagathi Hospital for treatment. She was later transferred to Lang’ata Police Station, where she remained in custody.
Court Reduces Murder Charge to Manslaughter
A post-mortem report confirmed Etole died from hypovolemic shock caused by a single stab wound to the chest. Police recovered the murder weapon which was presented in court as part of the evidence.
Initially, prosecutors charged Amagove with murder. However, following a plea agreement, the charge was reduced to manslaughter. She pleaded guilty and admitted to the facts of the case as presented by the prosecution.
During sentencing, Justice Kavedza acknowledged the toxic nature of the couple’s relationship and the pattern of violence that Amagove had endured.
“It is evident from the record that the marriage between the accused and the husband was marked by conflict. It is also undisputed that the man was engaged in an extramarital affair,” said the judge.
Court Cites Battered Woman Syndrome
The court also recognized that Amagove acted impulsively during a moment of emotional upheaval. Justice Kavedza cited the “battered woman syndrome,” a psychological condition often linked to victims of prolonged domestic violence who eventually react to their abuse, sometimes fatally.
“I find that the accused exhibited characteristics consistent with battered woman syndrome,” the judge stated.
She further emphasized that although Amagove acted in anger, the provocation she faced was considerable and reduced her criminal responsibility.
Still, Justice Kavedza made it clear that violence is not the answer. “She ought to have sought help or allowed the man to leave, rather than reacting violently. While anger is not a defence, it may be considered a mitigating factor in sentencing,” she added.
The court also considered several other factors in its sentencing: Amagove’s cooperation with the authorities, her guilty plea, and the fact that she was a first-time offender. The plea bargain had also saved the court significant time.
“I have considered the circumstances surrounding the incident that led to the victim’s death, as well as the mitigation presented by the accused and her counsel. The accused is a first-time offender and pleaded guilty to a reduced charge of manslaughter, thereby saving the court’s time,” the judge stated.
While the court acknowledged that the act of stabbing her husband was unlawful, it ruled that Amagove did not act with premeditated intent. Instead, her actions occurred in the heat of the moment, during a period of emotional turmoil brought on by years of marital strife and abuse.
Applying Kenya’s Judiciary Sentencing Policy Guidelines, Justice Kavedza ruled that a five-year custodial sentence was appropriate, given the context. She ordered that Amagove’s prison term begin from the date of her arrest, August 25, 2023.
