It is apparently in view of this fact that a High Court in Nanyuki, central Kenya has set free a man who was jailed last year for stabbing his wife and illicit lover he caught having sex in his bed.
In May last 2018, Nanyuki Chief Magistrate Lucy Mutai sentenced Michael Kimondo to 4 years imprisonment for taking the law into his own hands to commit a bloody crime, but he appealed the ruling at the High Court through his lawyers.
Pronouncing the High Court’s ruling on the appeal case, Justice Hatari Waweru acknowledged that, it is such a difficult situation to find another man having sex with one’s wife in his own bed without unleashing his wrath on them.
"Such a foolish action would amount to a very grave provocation to the man cuckolded," the judge said.
Having stated that, the court was quick to add that it is equally unacceptable for people to take the law into their own hands.
"However, we live in a civilized society and people must always control themselves and not take the law into their own hands, because if everybody were allowed to do that, then we would be living in a jungle and life would probably be brutish and short as some philosopher said,” Justice Hatari Waweru added.
According to court documents, Michael Kimondo caught his wife in his room with David Kamau Njuguna, on September 17, 2014 in Nanrumoru township Nyeri.
"The appellant found his wife and the complainant in his own house and apparently in his own bed- in a very compromising situation. In a rage he attacked both of them with a knife and inflicted upon the complainant injuries that amounted to grievous harm,” the document reads.
The High Court basically agreed with Michael Kimondo’s lawyer that the prison term meted out to his client was severe, considering the circumstance under which he committed the crime.