Republic-----------------------------------------------------------prosecution v Alloys Scovia Alias Angel----------------------------------- Accused & 1 other

6. At around 1900hrs the accused decided to go report the deceased to the chairman of Nyumba kumi Kephas Otieno who was nearby at his business premises. 7. The accused found Kephas Otieno together Carolyne Omwaka sited outside his business premise a shop and handed him a phone and requested him to speak to the other person on the line. 8. Kephas Otieno took the phone and the other person on the line introduced himself as the accused husband and informed him to warn the deceased by mentioning his name Awilo from insulting his wife the accused person. 9. After he was done talking the deceased appeared and asked Kephas Otieno what the accused was telling him. He informed him that the accused husband has warned him against insulting his wife. 10. All of sudden the deceased started hurling insults to the accused and the accused later rushed to a house which was nearby and come back after a short while and held the deceased shirt at the neck. The deceased threw her on the ground. 11. Immediately the accused stood up and removed a knife underneath her clothes and stabbed the deceased multiple times. The deceased started to vomit blood, he fell down and died. 12. Kephas Otieno swiftly moved in and struggled with the accused person and disarmed her taking way the knife. 13. Members of the public witnessed the altercation since streets light were on and they could clearly see the two during the attack. The members of the public started throwing stones at the accused calling her a murderer. 14. Kephas Otieno with the help of Ezekiel Sifuna who had heard the commotion and gone to the scene and saw the accused person stab the deceased, shielded the accused from further attack by the public and took NAIROBI HC CR CASE E 042OF 2024 – Republic –vs- Alloys Scovia Alias Angel 2

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her to Reuben Police station together with the knife he had taken from her, leaving the deceased lying on the ground bleeding profusely. 15. The officers rushed to the scene and the body was escorted to city mortuary for preservation and autopsy. 16. On 19th June,2024 the accused was arraigned at the Chief Magistrate court Milimani for custodial orders vide a misc application E2132/2024.Fourteen 14 days were granted and the investigating officer recorded the witness statement. The knife that was recovered from the accused person was taken for forensic examination. A post mortem was conducted on the body of the deceased and the pathologist formed the opinion that the cause of death was excessive hemorrhage due to multiple stab wounds. 17. The accused was subsequently charged with murder which was later reduced to manslaughter. The accused pleaded guilty to the offence of manslaughter and admitted the facts as being true and correct. She was accordingly convicted and in mitigation counsel for the accused person pleaded with the court stating that the accused was remorseful and that she did not flee the scene of crime immediately after the incident an indication that she regrated her actions. 18. Counsel further urged the court to consider that the accused person by pleading guilty she had saved courts time and should therefore be treated with mercy. 19. The accused was further said to be a first offender and that she committed the offence after the deceased started unwelcome sexual advances to her. 20. Further the court was informed that the accused person has two children of her own and another two who are adopted. 21. According to counsel her incarceration has deprived the children of care and motherly love. The children were also said to be young and that since the NAIROBI HC CR CASE E 042OF 2024 – Republic –vs- Alloys Scovia Alias Angel 3

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accused person is now rehabilitated should be allowed to rejoin them for she has been in custody since 15th June 2024. 22. Counsel further urged the court to consider imposing a non-custodial sentence since sentencing is discretionary. The court called for a presentence inquiry report and on 15th November 2025 Mercy M. Kanyangi senior probation officer prepared and filed a report which was received in court on 20th January 2026. In the report the officer notes the following: “COMMUNITY'S ATTITUDE TOWARDS THE OFFENDER AND THE OFFENCE A neighbour pointed out that the deceased was well known in the locality. The offender was relatively new in the area. This is corroborated by the local administration through the Nyumba Kumi. The chairman pointed out that he was aware of the differences between the offender and the victim and had made effort to resolve the issue amicably. He added that it was unfortunate that the deceased lost his life and was o f the opinion that this would not have happened if only the victim would have heeded his advice. Both allude to the fact that the victim provoked the offender who reacted adversely in the heat of the moment. That notwithstanding they draw attention to the fact that the offender was subjected to mob justice following the incident and as such her safety in the area is not guaranteed should the court be inclined to release her. CONCLUSION My Lord, before you is a 30 year old lady charged with the offence of murder. She is a Ugandan National who was living in Kenya a t the time of the offence. It could not be ascertained whether she had regularized her stay in Kenya or not. There were inconsistencies in the information obtained from her vis-a-vis information gathered from the social inquiry. This project the image of deceit NAIROBI HC CR CASE E 042OF 2024 – Republic –vs- Alloys Scovia Alias Angel 4

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and callousness which would negate the essence of a non-custodial sentence. The commission of the offence may have been unintentional but the degree of her subterfuge and loose community ties render her an inappropriate candidate for a non-custodial sentence. The victim's family pray for justice for their kin highlighting that the loss occasioned by his absence cannot be reversed. RECOMMENDATION My Lord, cognizant of the findings of this social inquiry, her proven lack of candor coupled with the fact that she is a foreign national precludes the option of a non-custodial sentence” 23. From the facts presented and the sentence report it is clear that the deceased may have contributed to his stabbing by his own conduct. However, it would also appear that the accused person went into the house and collected a knife which she concealed under her garments thus she had on opportunity to leave the scene after it became apparent to her that the deceased was bent on continuing with his sexual advances towards her. 24. It cannot be accepted that whenever a person makes an unwelcome sexual advances they should meet instant death through acts of the unyielding individual. At least there is no evidence that the deceased to sexually violate the accused person to justify the use of force meted out on him by the accused. 25. The court notes the mitigation tendered by the accused and although the court sympathizes with the fate of young children the actions of the accused call for a custodial sentence. 26. The Sentencing guidelines at paragraph 4.8.20 of the Sentencing Policy Guidelines by the National Council on Administration of Justice, 2023, states that: NAIROBI HC CR CASE E 042OF 2024 – Republic –vs- Alloys Scovia Alias Angel 5

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“Where courts are satisfied that it is safe to accept a plea of guilty, they should grant a discount after considering the appropriate sentence based on culpability and harm specific to the offence alongside other aggravating and mitigating features. Once the court has arrived at that sentence, a discount of up to one third of the sentence should be applied where the offender has pleaded guilty at the earliest opportunity. Thereafter, e.g., where an offender has pleaded guilty just before, or during trial, a lesser reduction may be afforded.” 27. In Republic v Muteria (Criminal Case E006 of 2023) [2025] KEHC 18764 (KLR) (19 December 2025) (Sentence) “However, the court must weigh these mitigating factors against the gravity of the offence and the profound impact on the victim’s family. 11.A life has been tragically and violently lost. As held in the case of Francis Karioko Muruatetu & Another v Republic [2017] eKLR, while rehabilitation is a key objective of sentencing, the courts must also consider the objectives of retribution, deterrence, and protection of the community. 12. The circumstances of this offence—a fatal stabbing during an argument over a petty debt—reveal a resort to extreme and lethal violence. The use of a knife, regardless of its origin, turned a personal disagreement into a homicide. The court has noted the concerns raised by the community representatives regarding the accused’s return, as captured in the Pre-Sentence Report. 13.In light of the foregoing, a non-custodial sentence would, in the circumstances of this case, trivialise the loss of life and fail to meet the legitimate demands for justice. 14. The offence of manslaughter under Section 205 of the Penal Code prescribes a maximum sentence of life imprisonment. The court must NAIROBI HC CR CASE E 042OF 2024 – Republic –vs- Alloys Scovia Alias Angel 6

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impose a sentence that reflects the seriousness of the unlawful killing while giving due credit for the accused’s plea and personal circumstances.” 28. In this matter taking into account all the mitigating factors and the fact that the accused person by accepting to plead guilty to the offence of manslaughter has saved this court useful judicial time and further taking into account the aggravated nature of the injuries sustained by the deceased this court finds that a custodial sentence of Seven (7) years imprisonment to be computed from the date of arrest 15th June 2024. The accused person has a right of appeal against the sentence within 14 days from the days hereof. 29. The accused person shall upon completion of sentence be repatriated to her home country Uganda. 30. It is so ordered. DATED, SIGNED and DELIVERED VIRTUALLY at NAIROBI this 15th day of APRIL, 2026. A. M. MUTETI JUDGE In the presence of: Habiba: Court Assistant Ms Dela for State Wanyonyi for Accused Accused: Present NAIROBI HC CR CASE E 042OF 2024 – Republic –vs- Alloys Scovia Alias Angel 7

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