[2023] KEHC 25197 (KLR)

Republic v Wanjiku (Criminal Case 28 of 2015) [2023] KEHC 25197 (KLR) (7 November 2023) (Sentence)

Neutral citation: [2023] KEHC 25197 (KLR)

Republic of Kenya

In the High Court at Murang'a

Criminal Case 28 of 2015

J Wakiaga, J

November 7, 2023

Between

Republic

Prosecution

and

Consolata Njoki Wanjiku

Accused

Sentence

1. The accused was initially charged with the offence of murder Contrary to Section 203 as read with Section 204 of the penal codeto which he pleaded not guilty.

2. By a plea bargain agreement entered and recorded in Court on 27th July 2023, the charges were reduced to manslaughter to which she pleaded guilty, the facts of which were that the accused reported that the deceased who was her child was missing and when her neighbours carried a search they found the deceased motionless on the floor of the accused’s bed room. The matter was reported to the police and the accused and her husband arrested.

3. The post mortem carried on the body of the deceased confirmed that he died of suspected poisoning.

4. In compliance with the Judiciary Sentencing Policy Guidelines, the Court ordered for presentencing report in which it was stated that upon the death of the accused’s mother, she was placed in Kabete Children Home before being moved to Pangani having been found loitering in the in the streets and declared a child in need of care and protection. She was later placed at Kirigiti Rehabilitation Centre from where she was received at home and started living with her maternal grandmother. She was enrolled in school but later started to disappear from school and was moved to Don Bosco centre which did not help in reforming her.

5. She later met her husband and started living together and got two children both deceased. It was contended that the offender lacked proper parental care and love which might have contributed to her committing the offence as she was at the time under a lot arising from marital problems.

6. On the circumstances of the offence, it was stated that the convict smothered the child at home. The family was willing to support her having forgiven her while the community had no issue with the offender being given non custodial sentence which was recommended by the Probation Officer.

7. In mitigation, the offender through her Advocate on record Ms Mwangi stated that she had been in custody from 2015 which should be considered. It was contended that she was remorseful and regret her action. On behalf of the State Ms Gakumu stated that the offence was serious which required custodial sentence considering the age of the deceased.

8. The sentencing objectives are now well settled in Kenya having been captured in the Judiciary Sentencing Policy objectives as follows:(a)Retribution – to punish the offender in a just manner for his criminal conduct.(b)Deterrence – to deter the offender from committing a similar offence.(c)Rehabilitation – to enable the offender to reform.(d)Restorative –to address the needs arising from the criminal conduct such as loss and damages(e)Community protection – to protect the community by incapacitating the offender(f)Denunciation – to communicate the community condemnation.

9. In this matter I have considered the back ground of the offender and formed an opinion that she was crying for love and nobody came to her rescue. The fact that she caused the death of her own child is a stigma which will follow her for the rest of her life. She has been in custody for almost eight years which I have taken into account and come to the conclusion that rehabilitation will best serve the justice of this case.

10. The convict is therefore sentenced to a probation term of three years during which she will be given a second chance and to be rehabilitated and settled in society. And it is ordered.

DATED, SIGNED AND DELIVERED AT MURANGA THIS 7th DAY OF NOVEMBER 2023. J. WAKIAGAJUDGEIn the presence of :Advocate for the Accused not presentJackline – Court Assistant