Veteran journalist Moses Dola Otieno has been released from prison after High Court Judge Alexander Muteti granted his application for review.
The court further directed the prison department to release him immediately, provided he was not being held on any other legal grounds.
The ruling, delivered virtually, saw Dola express gratitude to the judge, stating that he looked forward to appearing before him again—this time, as a lawyer, after completing his law school studies.
Dola was convicted of manslaughter in 2018 following the court’s ruling that his wife, Wambui, died as a result of a domestic altercation at their home in Nairobi. After the incident, he initially went into hiding before later surrendering to the authorities.
Kabiru, a former NTV reporter, died at their home in Umoja estate, Nairobi, on May 1, 2011.
Judge Roselyne Korir on October 5, 2018 found Moses Dola guilty of manslaughter and ordered cancellation of his bond terms. She ruled that Dola was a stronger party in the fight that led to the death of his wife and was therefore culpable.
The former NTV journalist was arrested on May 16, 2011, he was taken to prison where he spent 627 days before his trial started. In 2012, he however, deposited a Sh1 million bail to secure temporary freedom.
The accused, denied committing murder during the trial that began about seven years ago.
Dola, before court, narrated how May 1, 2011 began like any other day, a testimony that cut Kabiru’s case from the rest, revealing a remorseful Dola.
He said on the material day he woke up at 7.30am, headed to the sitting room and started playing gospel music which beamed in all rooms.
He then went back to the bedroom where Kabiru was sleeping. She allegedly questioned why he played loud music while she and their son were asleep. The two fought over radio volume.
Dola testified that Kabiru then went after him with a pair of scissors. He added that she had been using the scissors to trim her dreadlocks.
“Just as I was picking our son, she shot up and charged at me. She asked where I wanted to take her baby. In her charging she was holding the scissors. It was a split second event. Unfortunately, it pricked (sic) my hand but I managed to squeeze her hand and she released it,” Dola testified, showing the stab wound on his palm.
“That was where the problem began. Wambui had a problem with the music and she said in Kiswahili ‘Wewe ukiamka kwa hii nyumba kwani kila mtu lazima aamke (If you wake up in this house, must everyone else wake up?).”
The judge was told that Wambui reached for the scissors but Dola tackled her, and they both fell on the bed.
He testified: “She hit her head on the bed, but because we fell on the mattress I did not realise that she was injured.” According to Dola, his wife’s last words were “ona umeniumiza” (see you have hurt me).
He then took their son for breakfast and left her in bed.
According to Dola, he went to his brother in law’s house in a bid to seek a truce with his wife. After that both Wambui’s brother and Dola went to drink.
He testified that he was to take his bother in law to a baby shower later in the evening and thus they parted ways and he headed back to the house to freshen up.
When he got to the house, the court heard, Wambui was still lying in bed and did not respond when he called her name.
