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Man forgives wife that paid assassins to kill him
« on: Sep 22, 2013, 05:31 PM »
They are now even on honeymoon, reports Kenya Standard newspaper.

On June 19, Faith Wairimu made the stunning admission before a Nairobi court that she had paid hitmen to shoot her husband John Muthee three times in the head. If her admission was shocking, what followed was mind-boggling. Instead of life in jail, Faith’s marriage got a new lease of life after Muthee went before a judge last week to forgive and forget.

Wonder no more how and why this came to be.

As she languished at the Lang’ata Women’s Prison exactly four months ago, Faith Wairimu’s fate had been seemingly sealed.

Having shockingly pleaded guilty to charges of hiring hitmen to kill her husband, Mr John Muthee Guama, a largely unsympathetic public eagerly awaited her sentencing on June 28. It appeared improbable that the law would offer the businesswoman an escape route, as her offense attracted life imprisonment as the minimum punishment.Faith Wairimu: forgiven by her husbandFaith Wairimu: forgiven by her husband

In his brief appearances in court, a visibly-shaken Muthee, as the complainant, seemed all set to lose a partner who wanted him shot three times in the head. Two young children were to be indefinitely separated from their mother.

Couple on honeymoon

Fast forward to date and you realize why wonders will never end. The couple is now on honeymoon in an undisclosed location, away from the camera glares that captured their every moment in the courtroom. They two, who have since been born again, have also unexpectedly turned into overnight role models on matters of love and forgiveness.

But just how did such an inconceivable turnaround happen? Mr John Swaka, who represented Ms Wairimu in the case, admits the police had a water tight case against his client, who she bumped into, and saved, as the clock perilously ticked towards her sentencing.

Pleaded guilty

Ms Wairimu had been arrested on June 17 after she paid Sh40, 000 ($450) to undercover policemen disguised as assassins at Zimmerman estate in Nairobi. She pleaded guilty to the charges two days later. But her fairytale started when members of the Kenya Christian Lawyers’ Fellowship visited Lang’ata Women’s Prison soon after to offer legal education to remandees.

“That is when she learnt of our services. We talked and she implored that I offer her legal services, which I agreed,” Mr Swaka told The Standard on Saturday at his office in Hurlingham, Nairobi. The legal counsel says he realized he had to act swiftly to have the accused change her plea.“She told me the police had duped her that if she accepts the charges, she would just be fined Sh5,000 and released. She also said she had been beaten up, threatened and intimidated by members of the flying squad,” he reveals. “She was certainly not in the right frame of mind and took the plea under very torturous circumstances and with no sound legal advice. She was totally unaware that she was days away from the start of life in prison. I advised her to change her plea, which she did on July 1st.”

At this point, the couple’s relatives and relatives had resigned to fate, albeit deeply worried one of their own was to spend life in jail, not to mention a 16-year-old marriage that had been tossed down the drain. But unknown to them, the case was now not in the hands of ordinary lawyers. It was being handled by Christian lawyers who look beyond the law when handling cases, especially that which threaten the marriage institution.

Legal justice

“Legal justice is not always fair, and the law does not solve all our troubles. In this case, a woman faced life in jail; but what about her family?” poses Mr Swaka, himself a born again Christian.

It is this principle that saw him kick start a reconciliatory process that would see Mr Muthee shockingly forgive his wife and withdraw the charges.

“There was a lot happening behind the scenes. The extended family played a major hand in the reconciliation process. Pastors were also deeply involved. We brought them together and started reconciliatory efforts that involved prayers, relentless counseling, thorough legal advice, among other issues,” reveals the 34-year-old, who has practiced law for six years since graduating Shivaji University, India.

“We made the husband aware that he had a right to withdraw the complaint as this is recognized by the law provided it is not as a result of coercion, intimidation, being duped, corruption, or any other form of negative influence.”

Mr Swaka says that when the police who were investigating the case realized the seriousness of the reconciliatory efforts, they advised Mr Muthee that it was entirely up to him to decide whether to withdraw the charges or not.

But a lot of factors were at stake, meaning it was never going to be an easy decision for the soft-spoken macadamia trader.

“On one hand, Mr Muthee had very genuine concerns before he conceded. In a case of this magnitude, there is fear of unknown if one withdraws. There was also the question of how the society will think him if he forgave someone who wanted to take his life him,” Mr Swaka reveals.  “On the other hand, there were concerns about their children, who were to be denied the care of both parents for the rest of their lives, and 16 years of marriage that were to be lost.

After days of soul searching, Mr Muthee, 44, stunningly withdrew the charges at the Milimani Law Courts on September 12.

“I want to forgive her for the sake of our children and family… She is my wife and the mother of my children,” he told Nairobi chief magistrate Kiarie Waweru. After thoroughly confirming that Mr Muthee had made the decision voluntarily, Waweru ordered Ms Wairimu’s file closed and acquitted her.

“Love prevailed in the end and the two are now on honeymoon rekindling their love and renewing their vows to each other. This was the best ending possible. It was a fairytale ending that never came as a surprise to me,” says Mr Swaka,

Asked if the court offered any form of insulation to Mr Muthee in case such a heinous plot recurs, the lawyer, who has been involved in many other cases where complaints have been dropped, says the case is done and dusted.

“Once charges are withdrawn, that is it. That is why the court has to be convinced beyond doubt that both parties acted in good faith with no tricks involved,” he explains. “Once a case is withdrawn, it cannot be used against you in future. It’s like it has never happened. If the same crime is repeated, the accused is charged in court as a first offender, notr5 as a repeat offender.”

The case summary as reported by NTV:http://youtu.be/czYZa0ek9RE

Culled from http://www.standardmedia.co.ke/?articleID=2000093972&story_title=why-would-be-murder-victim-forgave-wife-dropped-case&pageNo=1



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