[2000] KEHC 222 (KLR)
The court found that, in light of the appellant's remorse, the favourable probation officer's report, and the support from her mother, a custodial sentence was not in the best interests of the child or the appellant. The court determined that probation would better serve the rehabilitation of the appellant and the...
Source-derived case information.
- Citation
- [2000] KEHC 222 (KLR)
- Parties
- Appellant: Serah Wanjiku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 397 of ??
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed; sentence varied
- Legal Topics
- Sentencing, Attempted Infanticide, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Serah Wanjiku
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the custodial sentence imposed for attempted infanticide should be set aside in favour of probation given the appellant's circumstances.
Ratio Decidendi
The court found that, in light of the appellant's remorse, the favourable probation officer's report, and the support from her mother, a custodial sentence was not in the best interests of the child or the appellant. The court determined that probation would better serve the rehabilitation of the appellant and the welfare of her infant daughter. Accordingly, the prison sentence was set aside and replaced with a two-year probation order.
Court Disposition
appeal allowed; sentence varied
Orders
- The prison sentence is set aside.
- The appellant is placed on probation for two years.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL APPEAL NO.397 OF 2000
(From Original Conviction and Sentence in criminal Case No.431 of 2000 of the Senior Resident Magistrate’s Court at Kiambu)
SERAH WANJIKU……..……………………………………APPELLANT
VERSUS
REPUBLIC ……………………………………………….RESPONDENT
J U D G M E N T
The appellant was convicted of attempted infanticide contrary to section 210, Penal Code and sentenced to 6 years imprisonment on 6th April, 2000. Her appeal is against sentence only. She admits that she attempted to kill her 7 months old daughter whom she had through a boy friend. She is not legally married. She wanted to kill the daughter as she was under a lot of stress.
I called for a probation officer’s report which has been submitted to me today. It is favourable. I have considered the circumstances of the offence and the probation officer’s report with care. The appellant’s mother is in court to-day and promised to look after the appellant. The infant is presently with the appellant’s mother. It would be in the interest of the child if she gets the care attention and love from her mother i.e. the appellant. The appellant is very much fond of her said daughter and regrets what she did under stress and tedious.
I consider this to be a suitable care for probation. I set aside the prison sentence and put the appellant on probation for two years. Probation explained.
V.V. PATEL
JUDGE
11/7/2000