KABARNET, Kenya, Feb 25 – A woman who suffered permanent disability after being assaulted by her husband on Friday shocked a Kabarnet court when she decided to withdraw her case at the hearing stage saying she had forgiven him.
Lilian Kiprop from Kiptagich appeared before the court and asked the magistrate to withdraw the case against her husband, Peter Kiptui, saying that she has decided to forgive him on her own will and no one forced her.
The complainant who walked to court with crutches and writhing in pain stated that her reason for withdrawing the case was because the husband helps her and provides for their four children besides paying school fees.
She also expressed the need to free the husband by confessing to the court that he stopped beating her after she became paralyzed.
The prosecution told the court that in normal circumstances it is not advisable for such a case to be withdrawn and hence they are objecting to the application considering the condition of the complainant.
However, the prosecution counsel Judy Kitilit said the complainant reserved her objection based on the underlying circumstances on the state of her family considering the fact that the judicial notice indicated that the mother of four cannot fend for herself and the children because they rely on the accused who is the sole breadwinner.
The complainant told Resident Magistrate Vienna Amboko that the greater interest of justice which she has been seeking would be served if the court accepts her application as long as a stern warning is given to the accused.
“I have also taken into account that the accused person is the complainant’s husband and the sole breadwinner for her and their four children, the prosecution did not oppose this application and I hereby allow the application for withdrawal under section 204 of the Criminal Procedure Code,” the Magistrate said.
Amboko further ordered that the unquantified cash bail paid previously by the accused person be refunded to the depositor.
