A court in Lamu has ordered the Director of Public Prosecutions (DPP) to pursue and prosecute an estranged husband for perjury in a case where he allegedly accused his ex-wife of grievous harm.
Mpeketoni Resident Magistrate Pascal Nabwana in his judgment, issued orders for the estranged husband Titus Wachira to be prosecuted for perjury in a case against the ex-wife Peris Muthoni.
The court noted that it was during defence hearing when a minor was called in as a defence witness and revealed the truth of what transpired between the complainant and the accused person’s mentally challenged son.
“I have ordered that he be arrested to enable a complaint be registered at the police station since he deliberately lied on oath to get back to his ex- wife,” said Nabwana.
The court heard that the complainant moved into the accused’s house three years ago prior to the incidence. He lived in her house together with her 15-year-old son.
The relationship turned sour and they went separate ways.
After separation, he went to uproot all the maize they had planted together.
A confrontation later ensued between the son of the accused and the complainant. The man then reached out for a jembe in a house in a bid to beat the son but hit himself on the frame of the door during the melee.
The court further heard that the complainant then asked an officer to arrest the minor.
The son was taken to Kibaoni police station. He was released the next day to the mother after his mental condition aggravated.
Two weeks later, the mother was charged with assault and causing grievous harm to the ex-husband.
In his stern warning, while making the judgment, Nabwana said it is wrong to lie on oath in court.
“An injustice can easily occur if the accused person is not able to defend herself or himself in accordance with the law. The court will not hesitate to take action against people who willfully lie under oath,” read the magistrate.
Muthoni had been charged with unlawfully causing grievous harm to Titus Wachira on June 19, 2020, at Juhudi village of Mpeketoni sub-county within Lamu County.