[2024] KEHC 13608 (KLR)

Republic v Njeri (Criminal Case E011 of 2022) [2024] KEHC 13608 (KLR) (23 September 2024) (Ruling)

Neutral citation: [2024] KEHC 13608 (KLR)

Republic of Kenya

In the High Court at Kajiado

Criminal Case E011 of 2022

SN Mutuku, J

September 23, 2024

Between

Republic

Prosecutor

and

Dorcas Njeri

Accused

Ruling

1. Dorcas Njeri, the accused, is charged with manslaughter contrary to section 202 as read with section 205 of the Penal Code. The particulars of the charge are that on the 7th June 2022 at Rimpa Village in Kiserian Location in Kajiado North Sub-County within Kajiado County she unlawfully killed Esther Muthoni.

2. The initial charge was murder contrary to section 203 as read with section 204 of the Penal Code. The charge was reduced to manslaughter after the accused and the State entered into a plea-bargaining agreement. The Plea-bargaining proceedings were conducted on 13th June 2024. The accused pleaded guilty to manslaughter.

3. The facts of the case show that the accused delivered a baby and named her Esther Muthoni, the deceased in these proceedings. This was on 1st June 2022 in Hospital. She was discharged the following day 2nd June 2022 and went to her home at Kwa Waiguru area in Kiserian. Her friends, Mary Wajiru, Janet Mwende and Naomi Sadenna visited the accused and spent time with her.

4. On 7th June 2022, the accused visited her friends at their place of work at a place called Migon. She requested them to take her to her mother’s home at Rimpa in Kiserian because she was feeling lonely and hungry. Her friends agreed to do so. On arrival, the accused’s mother was not happy with the accused and told her to leave. The accused was persuaded by her friends to stay and allow her mother to calm down. They left the accused at her mother’s home.

5. Later that evening, the mother came back and told the accused to leave. The accused took her baby and left. She stood at the gate of a neighbour for some time. She left and went to a nearby river where she strangled the baby and disposed of the baby within the riverbank and returned to her home at Kwa Waiguru. Her friends asked her about the baby but she did not explain. The matter was reported to the place leading to the arrest of the accused. She revealed to the police what she had done and led police to where she had dumped the infant.

6. The Postmortem on the body of the infant revealed that she had died of head injuries caused by a blunt force trauma with asphyxiation due to neck compression due to manual strangulation.

7. The accused admitted the facts as correct. This court found the accused guilty of manslaughter and convicted the accused on her own plea of guilty.

8. During mitigation hearing, the accused, through her defence counsel, submitted that she was a minor at the time of committing this offence; that she was overwhelmed by the events following the birth of her baby and was suffering from postnatal depression. She submitted that she regrets her actions and that she had not intended to kill her baby. She asked for leniency and non-custodial sentence.

9. The Prosecution counsel told the court that the accused had a troubled childhood and that a custodial deterrent sentence would be appropriate to give her the opportunity to think about her actions. She told the court that the accused is a first offender.

10. I have read the pre-sentence report. It paints a picture of a young woman who had led a troubled and traumatic life. She was 17 years old when she committed this offence, a minor and a child in need of care and protection. Her mother, in my view, seems not to have given her good guidance and counsel. She dropped out in Grade 4 due to lack of interest in learning and got employed to serve in a bar. She was a minor and the employer was to blame for employing a minor to work in a toxic environment.

11. At that young age, she gave birth to a boy who is now 5 years old. She engaged in bad company and became a sex worker at an age when she required parental guidance. She is also a victim of defilement and the perpetrator was not punished for the offence. She got pregnant with the baby she killed while working in sex trade. The circumstances were difficult for her to take care of the child and she went to her mother hoping to get support but this did not happen.

12. Although the report shows that the mother took care of the accused, I do not believe that was the case. Had the mother taken the accused in and allowed her to come to terms with her situation, I believe this offence would not have been committed. The mother is to partly to blame for what happened.

13. The law requires this court to treat the accused as a minor in sentencing her since the offence was committed when she was a minor. I have taken into consideration that she is a first offender. I note that the accused committed the offence in a state of desperation and hopelessness after her mother turned her away from the emotional and social support she was looking for. She needed someone to take care of her and her infant. Her friends could not go beyond cooking for her and giving her limited company. She was hungry and lonely and could only think of her mother to take care of her and feed her. But her mother rejected her and chased her from her home. If only she thought to going to seek help from anyone including the police, that innocent life could not have been lost.

14. I have considered the unfortunate circumstances of this offence. The accused needs help to come to terms with her situation and to learn life skills that can help her going forward. She also requires counselling to cope with past trauma and prepare her for coping with life’s challenges.

15. Consequently, the accused is sentenced to serve three years’ probation, during which time she will require psychosocial support and training on how to cope with challenges of life. It is so ordered.

DATED, SIGNED AND DELIVERED THIS 23RDSEPTEMBER 2024. S. N. MUTUKUJUDGE