https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9969

Republic v Nzivi (Criminal Case E028 of 2024) [2026] KEHC 9969 (KLR) (3 July 2026) (Sentence) Neutral citation: [2026] KEHC 9969 (KLR) Republic of Kenya In the High Court at Makueni Criminal Case E028 of 2024 TM Matheka, J July 3, 2026 Between Republic Prosecutor and Ann Ndunge Nzivi Accused Sentence 1.Ann Ndunge Nzivi killed her 2 children, JM aged 7 years and BMaged 4 years old on 12/11/2024. 2.She denied the charge and upon trial – was found guilty of, and convicted for manslaughter contrary to section 202 as read with Section 205 of the Penal Code. 3.This offence carries a maximum sentence of life imprisonment. The accused had a 3rd child Patience Mumo who was spared this death. During trial – the accused exhibited a range of emotions of grief, sorrow and regret – and denial that she could have done this to her own children. 4.The Pre-sentence report reveals that she had had a relation with a man, and bore the 3rd child, then he rejected her, leaving her to take care of all her children by herself – putting pressure on her emotions among others. 5.Clearly there must have been a trigger – and the confession that was admitted in evidence demonstrated that at that time she was under a lot of emotional stress. Be that as it may she killed her own children. 6.I heard both counsel during the sentence and mitigation hearing. The prosecution is not a verse to a lenient sentence – the counsel for accused seeks a non-custodial sentence, the PACs report recommends a non-custodial sentence. 7.I have carefully considered all the submissions, the Pre-sentence report and the circumstances of the case. The accused’s sister is willing to accommodate her in Mombasa, away from home where the offence was committed. The youngest child is in the custody of a grand aunt following the death of the accused’s grandmother who had care and custody of the child – no one is ready to trust her with her child – this child will always wonder what happened to her siblings. 8.The objectives of sentencing are set out in the Sentencing Policy Guidelines 2023 as follows;i.Retribution: To punish the offender for their criminal conduct in a just manner.ii.Deterrence: To deter the offender from committing a similar or any other offence in future as well as to discourage the public from committing offences.iii.Rehabilitation: To enable the offender to reform from his/her criminal disposition and become a law-abiding person.iv.Restorative justice: To address the needs arising from the criminal conduct such as loss and damages sustained by the victim or the community and to promote a sense of responsibility through the offender’s contribution towards meeting those needs.v.Community protection: To protect the community by removing the offender from the community thus avoiding the further perpetuation of the offender’s criminal acts.vi.Denunciation: To clearly communicate the community’s condemnation of the criminal conduct.vii.Reconciliation: To mend the relationship between the offender, the victim and the community.viii.Reintegration: To facilitate the re-entry of the offender into the society. 9.For the accused persons these will be achieved through a custodial sentence. The time spent there will allow reflection on her actions, it will allow time for rehabilitation, denunciation of what she did, and retribution, punishment for what she did. Should there be a hidden underlying issue, the same will only show up under constant close supervision in custody. This is available even in Prison where she ought to be accorded psychosocial support and a proper psychological assessment not set on the trial. The accused also needs to get punishment for the offence she committed. 10.I have considered that she is a 1st offender and that she lost her two children. 11.The Prosecution has urged the court to grant a lenient custodial sentence. 12.I have considered the Pre-sentence report and all the circumstances of the offence. 13.I have taken into account the period the accused has been in custody. 14.The accused person is sentenced to serve 7 years imprisonment on each count. Sentences will run concurrently with effect from the date of this ruling. 15.The Prison authorities to enable the accused to access psychological assessment and support during the period of incarceration. This order be extracted and served on the Prison Authorities for compliance. 16.Right of Appeal 14 Days SENTENCE RULING DATED SIGNED AND DELIVERED VIRTUALLY AT KABARNET HIGH COURT THIS 3RD DAY OF JULY 2026.MUMBUA T. MATHEKAJUDGEIn the presence of:-Mr. Musyoki for StateMr. Mutanya for accusedCourt Assistant: Daniel