REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MURANG’A CRIMINAL CASE NO. 8 OF 2020 REPUBLIC..….........................................PROSECUTOR VERSUS SWK.................................................................ACCUSED SENTENCE 1. The accused pleaded guilty to the offence of manslaughter under a plea agreement recorded on 7 th March 2022. The offence is grave and attracts a sentence of life imprisonment. 2. The facts here are truly tragic. On 6 th April 2020, the accused’s husband left her in their house nursing a young child (the deceased). The minor was aged one year and nine months. The accused turned against her daughter stabbing her on the neck with a sharp kitchen knife. When she summoned her husband back, he found the lifeless body of the child lying in a pool of blood. 3. The autopsy confirms that the child died from “haemorrage secondary to anterior neck cut due to a sharp object trauma”. Forensic analysis on the knife, sandals, panga and a blouse all connected the accused to the offence. 4. The accused has a mental illness and is on medication which explains why the State agreed to the plea bargain. I have also considered the mitigation tendered by her counsel, Ms. Kimani. The accused has four other children. She is first offender and regrets her conduct. But in all this the life of her youngest child was lost. 5. Sentence should be commensurate to the moral blameworthiness of the offender but also guided by the nature and gravity of crime. I sentence the accused to four (4) years imprisonment. The sentence shall run from 6 th April 2020, the date when she was first arrested and placed in custody. The prison authorities must ensure that she continues to regularly take medication and to attend the psychiatric clinic. It is so ordered. DATED, SIGNED AND DELIVERED AT MURANG’A THIS 10TH DAY OF MARCH 2022. KANYI KIMONDO JUDGE SENTENCE READ IN OPEN COURT IN THE PRESENCE OFACCUSED. MS. A. GAKUMU FOR THE REPUBLIC. MS. R. KIMANI FOR THE ACCUSED. MS. SUSAN WAIGANJO, COURT ASSISTANT.
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