A woman who killed her husband’s lover has escaped jail time after the High Court found that she was provoked.
Jane Chemng’eno Tanui will instead serve probation for two years, for killing Linnet Chebet, three years ago.
Judge Mumbi Ngugi, however, wondered why Ms Tanui’s husband, Bernard Lang’at was not charged.
Lang’at fled his house and left the two women fighting.
The Court heard that Lang’at arrived at his house at Kapkoren estate in Kericho County accompanied by Chebet on the night of June 21, 2005.
His wife and 12-year-old son were asleep.
Lang’at then woke up Ms Tanui and asked her to prepare food for him and his visitor.
When the mother of two enquired about the visitor, Chebet answered that she was Lang’at’s girlfriend. She further said that they had a child together and were planning to settle down as husband and wife.
Chebet accused Tanui of not taking care of Lang’at leading to their affair.
The judge also heard that Tanui asked Chebet to leave the house but she instead started hurling insults at her.
A heated exchange then ensued as Tanui tried to drag Chebet out of the house.
Chebet then slapped Tanui in the face and it was then that she reached for a kitchen knife and stabbed her once on the left side of her chest.
Chebet while trying to walk out of the house collapsed and lost consciousness. Tanui then screamed for help.
AP officers from the nearby Kapkorech Camp rushed to the home and took Chebet to the health centre, but was pronounced dead on arrival.
Tanui, a casual labourer at Unilever, was charged with murder but the offence was later reduced to manslaughter, an offence she pleaded guilty to.
In mitigation, she expressed remorse over the incident and pleaded with the court for forgiveness.
She said her two children are now living with her mother after her husband fled and remarried.
“If being a dastardly cur, the only term that seems to me to adequately describe the accused’s husband, was a cognizable offence, the accused’s husband should be facing charges,” the Judge said.
“One woman is cold in her grave. The other has been languishing in custody for two years. And the author of all the trouble has moved on and married another wife.”
She ruled that Chebet serve a non-custodial sentence as two years she had spent in custody was sufficient.