[2023] KEHC 24564 (KLR)
The court found that the accused killed her vulnerable one-year-old son for selfish reasons, specifically to facilitate her travel abroad. The court rejected the probation recommendation, noting there was no evidence the accused would care for her remaining children, as she had previously abandoned them. The court...
Source-derived case information.
- Citation
- [2023] KEHC 24564 (KLR)
- Parties
- Applicant: Republic; Defendant: HMM
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E018 of 2022
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to 10 years' imprisonment for murder, sentence to commence from 2nd August 2022.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Sentencing Principles, Child Victims
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
HMM
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to probation or imprisonment for the murder of her one-year-old son.
- 2 What is the appropriate sentence for the offence of murder in the circumstances of this case.
Ratio Decidendi
The court found that the accused killed her vulnerable one-year-old son for selfish reasons, specifically to facilitate her travel abroad. The court rejected the probation recommendation, noting there was no evidence the accused would care for her remaining children, as she had previously abandoned them. The court emphasized the sanctity of life and the need for punishment to deter similar offences and to impress upon the accused the gravity of taking a life. The court determined that a custodial sentence of ten years' imprisonment, commencing from 2nd August 2022, was the appropriate and commensurate punishment for the offence committed.
Court Disposition
Accused sentenced to 10 years' imprisonment for murder, sentence to commence from 2nd August 2022.
Orders
- The accused is sentenced to 10 years' imprisonment, to commence from 2nd August 2022.
- Right of appeal explained within 14 days.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v HMM (Criminal Case E018 of 2022) [2023] KEHC 24564 (KLR) (17 October 2023) (Sentence)
Neutral citation: [2023] KEHC 24564 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E018 of 2022
A. Ong’injo, J
October 17, 2023
Between
Republic
Prosecutor
and
HMM
Accused
Sentence
1. The accused was convicted for the murder of her Son one-year-old AM. This court called for Victim Impact Statement but the same was not filed for reasons that Secondary Victims were not available for interview. Instead the Probation Officer prepared and availed Pre-Sentence Report in which it is recommended that the accused be placed on Probation for 3 years so that she could stay with her 2 daughters who stay with their biological father YMB PW 8 in Bombolulu as they are turning into teenagers and their father stays with them in a single room.
2. This court has considered that the innocent and vulnerable child who depended on the accused died because of the accused person’s selfish interests. She got rid of him so she could travel to the UAE.
3. PW 8 YM said that since they separated in 2017, it was the 1st time he was seeing the accused who left him with 2 daughters. There is nothing to show that if released she will be able to take care of the children as she has never had their interest at heart.
4. This court finds that the accused should be punished not just to deter other would be offenders but also to make her know that life is sacred and that the late AM who was only one-year-old had constitutional right s to life. The accused needs to learn that she has no right to take away life as she cannot create even a strand of hair. The commensurate punishment in my view is 10 years to commence from 2nd August 2022.
5. Right of Appeal – 14 days explained.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 17TH DAY OF OCTOBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGE