Why Court sentenced man who killed IHK nurse to only 17 years
The Nabweru Chief Magistrates Court on Tuesday afternoon the man who killed the International Hospital Kampala nurse to 17 years imprisonment.
Simon Shimanya, a teacher by profession hit Violet Kakai, 35, a nurse at IHK several times on the head with an axe to kill her in the climax of a longstanding domestic wrangle.
Following the incident, Shimanya ran and hid in Isingiro from where he was arrested on August ,12, 2020 and on arrest, the professional teacher admitted killing his wife.
When he was brought before the Nabweru Chief Magistrates Court, Shimanya again admitted carrying out the offence but asked to be pardoned.
On Tuesday, Nabweru Chief Magistrate, Patricia Amoko said the killing of the IHK nurse was a case of domestic violence whose punishment needs to be severe to deter others from doing the same offence.
“Domestic violence is an elephant in Uganda’s room. Whereas many households and authorities try to sweep it under the carpet, its consequences such as in the instant case are grave. Whereas squabbles between couples exist, there is no justification for one to kill another,” the Chief Magistrate said.
She insisted that domestic violence and its consequences require deterrent sentences.
The Nabweru Chief Magistrate noted that the fact that the deceased was hit several times with an axe on the head and infront of her three children sets this case apart from the ordinary noting that according to sentencing guidelines, life imprisonment is the punishment worth such an offence.
The magistrate said courts are inclined to impose a life sentence in a case where a deadly weapon was used, just like in the instant case.
Changes mind
The Nabweru Chief Magistrate, however, noted that the mere fact that Shimanya pleaded guilty to the offence and wasted no court time, she was inclined to reduce the punishment.
“I have further considered the fact that the convict is a first offender and appeared remorseful. He is a middle-aged man at the age of 46 years with children to look after. He said he is capable of reforming,” Amoko ruled.
The magistrate noted that since the convict stated to the court that he didn’t intend to cause the death of his wife, it was only prudent that the court hands him a lenient sentence.
“His children have already lost one parent, perhaps with healing and with time, the convict can still enjoy a harmonious relationship with his children. These factors in mitigation reduce the sentence from life imprisonment.”
“Taking into account all factors aforementioned, I sentence the convict to 17 years imprisonment to be served to start from the date of his conviction. Having been convicted upon his own plea of guilty, he has a right to challenge the sentence in the High Court within a period of 14 days.”
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