[2013] KEHC 5322 (KLR)
The court found that the accused, not being a medical practitioner, unlawfully caused the death of the victim by performing an abortion, thereby committing manslaughter under Section 202 as read with Section 205 of the Penal Code. In determining the sentence, the court considered the accused's remorse, her role as...
Source-derived case information.
- Citation
- [2013] KEHC 5322 (KLR)
- Parties
- Applicant: Republic; Defendant: Elizabeth Asiko Elan
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2010
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Manslaughter, Unlawful Act, Abortion, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Elizabeth Asiko Elan
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
- 2 What is the appropriate sentence considering the circumstances of the accused and the offence.
Ratio Decidendi
The court found that the accused, not being a medical practitioner, unlawfully caused the death of the victim by performing an abortion, thereby committing manslaughter under Section 202 as read with Section 205 of the Penal Code. In determining the sentence, the court considered the accused's remorse, her role as the sole breadwinner for her seven children, her husband's mental instability, and the period already spent in custody. Balancing the gravity of the offence with these mitigating factors, the court sentenced the accused to one year imprisonment.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve one (1) year imprisonment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
Criminal Case 22 of 2010 [if gte mso 9]><xml>
14. 00
</xml><![endif][if gte mso 9]><xml>
Normal 0
false false false
SW X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; line-height:115%; font-size:11. 0pt;"Calibri","sans-serif";} </style> <![endif]
REPUBLIC............................................................................PROSECUTOR
V E R S U S
ELIZABETH ASIKO ELAN.........................................................ACCUSED
S E N T E N C E
The accused person was found guilty of the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. Miss Andia, counsel for the accused submitted that the accused is remorseful. She is 47 years old and has 7 children. She was the sole bread winner as her husband is mentally unstable.
I note that the accused caused the death of the victim by conducting an abortion yet she is not a medical practitioner. Taking the period the accused has been in custody, and the circumstances of the case, the accused is hereby sentenced to serve one (1) year imprisonment.
Delivered, dated and signed at Kakamega this 31st day of January, 2013
SAID J. CHITEMBWE
J U D G E