The sentence follows Elaya Nyamahodo’s conviction on his
own guilty plea to the culpable homicide charge he was facing before the Mutare
High Court. Nyamahodo had pleaded not guilty to the murder charge he was facing
before it was commuted to culpable homicide.
The father of 18 from Chavhanga Village was slapped with a
three-year jail sentence which was wholly suspended for five years on condition
of good behaviour by Mutare High Court judge, Justice Isaac Muzenda.
Ms Jane-Rose Matsikidze prosecuted. The court heard that on
October 30, 2019, Nyamahodo was in his second wife’s kitchen hut when the
deceased’s mother, Mary Chiripawako, approached him.
She had her one-year-old son strapped on her back.
Chiripawako demanded that Nyamahodo come to her bedroom and was aggrieved by
his refusal. She threatened to join him and his second wife in the latter’s bed
for the night.
This annoyed Nyamahodo. He picked up a wooden axe handle
and attacked Chiripawako with it.
However, he missed her and instead struck the baby’s head,
injuring him in the process. Testifying in court, Chiripawako said when she
advised Nyamahodo that he had struck the child, he ignored her. She later
advised Nyamahodo’s uncle.
The child was rushed to the local clinic and was
transferred to Hauna District Hospital. Unfortunately he succumbed to the
injuries. A post-mortem examination concluded that the death was a result of
severe head trauma.
In sentencing Nyamahodo, Justice Muzenda said Nyamahodo had
not wasted the court’s time by denying the offence.
Justice Muzenda said as a polygamist with many children to
take care of, Nyamahodo deserved a suspended sentence. Manica Post
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