Moses Dola, a former journalist who spent over nine years behind bars after being sentenced to ten years for the 2011 killing of his wife Sarah Wambui Kabiru, walked free from prison yesterday.
The decision to release Dola, who had already served most of his sentence, was made by the Milimani High Court, marking a significant moment in his journey toward reintegration into society.
Justice Alexander Muteti of the Criminal Division of the High Court granted Dola’s application for early release, taking into account the extensive period of nine years he had already served.
The ruling was influenced by a 2022 directive from Chief Justice Martha Koome, which aimed at addressing the chronic issue of overcrowded prisons in Kenya.
The directive, which instructed High Courts across the country to review criminal cases in collaboration with the Kenya Prisons Service, sought to decongest prisons and facilitate the rehabilitation of deserving offenders.
As part of this initiative, the court reviewed Dola’s case and deemed him eligible for early release, even with four months remaining on his sentence.
“In this case, justice is tempered with mercy. The court hopes that Dola will find a way to make his son understand why the mother lost her life in his hands. It is not an easy task, and the families of the accused and that of the deceased must help the applicant and his son overcome the loss,” Justice Muteti ruled.
The case, which dates back to May 1, 2011, when Dola killed his wife during a domestic dispute, had left a deep scar on both families.
The tragedy unfolded during a quarrel over a radio in their Nairobi home, and Dola’s subsequent actions led to the death of Wambui.
Dola, initially charged with murder, had his charge reduced to manslaughter following a plea deal in 2018, in which he admitted to unintentionally causing her death.
He was sentenced to ten years in prison.
At the time of his release, Dola was 42 years old and had spent a significant portion of his youth behind bars.
As Justice Muteti pointed out, Dola was just 29 when he was incarcerated, and his years in prison had marked a significant chapter of his life.
“Quite clearly, he has spent a very crucial portion of his youth life in prison,” the judge remarked.
In addition to his release, Dola was granted the opportunity to reunite with his son, whom he had been separated from for over a decade.
The father-son reunion stands as a powerful symbol of healing and hope, offering Dola a chance to rebuild his life and mend the relationships shattered by his actions.
Reflecting on the complexity of his situation, Justice Muteti acknowledged that the death of Dola’s wife was highly regrettable, but emphasized that Dola’s time served in prison was a crucial part of his rehabilitation.
The judge believed that the remaining four months of his sentence would not significantly alter the rehabilitation process, given the extensive period Dola had already spent incarcerated.
Dola’s release came after he filed an urgent application in October 2024 requesting his freedom, despite having less than five months left on his sentence.
In his application, he highlighted his remorse for the crime and expressed his personal transformation during his time in prison.
He cited the steps he had taken toward rehabilitation, including pursuing theological and legal training, and nearing completion of his law studies.
“I am greatly remorseful and plead for leniency from this Court. I have learned a hard lesson from this incident, and I am committed to becoming a good role model for others in the community to emulate,” Dola wrote in his plea.
He also shared his conviction that, as philosopher Confucius once said, “We all have two lives. The second one starts when we realize we only have one.”
In his plea, Dola also referred to the 2022 directive from Chief Justice Koome, which had laid the foundation for his request for early release.
The directive emphasized the review of cases for offenders who had shown genuine remorse, taken steps toward rehabilitation, and served significant portions of their sentences.
Dola believed that he was a prime candidate for this review, given the years he had already served and his commitment to reform.
While Dola’s previous attempts to shorten his sentence had been unsuccessful, including an application filed in October 2024, the High Court’s recent ruling offered a much-needed opportunity for him to re-enter society and rebuild his life.
Dola had previously argued that his sentence should take into account the 21 months he spent in remand before his conviction and the period between his conviction and sentencing, suggesting that his projected release date should have been earlier.
His claims of illegal detention and discrimination by the trial judge were dismissed, but the High Court’s decision to grant him early release aligned with the broader efforts to decongest the country’s prisons and address the rehabilitation of offenders.
Throughout his incarceration, Dola had expressed deep regret over the events that led to the death of his wife.
In his testimony, he tearfully described the impact the incident had on his life, stating that his world had never been the same since that fateful day in 2011.
He spoke of the immense pain of losing his wife and the years of separation from his son, and the emotional toll it had taken on both him and his family.
Dola’s story is a poignant reminder of the complexities of justice, mercy, and rehabilitation.
The decision to free him was not an endorsement of his crime but rather an acknowledgment of the transformative power of remorse, self-reflection, and the desire to rebuild a life after tragedy.
As Dola takes his first steps toward freedom, the journey ahead will not be easy.
He must confront the consequences of his actions and rebuild the relationships that were torn apart by his crime.
