J M K v Republic [2016] KEHC 5072 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

CRIMINAL REVISION NO. 9 OF 2016

J M K ………………..............……….. APPELLANT

Versus

REPUBLIC ………………………………RESPONDENT

RULING

1.     J M K (Mumbi) was convicted of the offence of abandoning  a child contrary to section 127(1)(a) of the Children’s Act Cap 141.  She was sentenced to 3 years imprisonment.  Mumbi has so far served 15 months of that sentence.  This matter is before this court for consideration of revision of that sentence as provided under Section 364 of the Criminal Procedure Code Cap 75.

2.     Mumbi in my view as reflected in the probation report is not suitable candidate to have her sentence revised or changed to a non-custodial sentence.  Mumbi has been as stated by her mother a habitual user of illegal brew ‘changaa’ and of smoking narcotics.  As a consequence she has failed to give parental care to her 3 children.  The child to whom the present offence refers is 2 years old whom Mumbi would take with her in her drinking spree.  This led to the child being emaciated.  The probation officer stated in his report that Mumbi has a history of being in conflict with the law.

3.     For that reason J M K shall serve the sentence imposed by the lower court.   The application to review that sentence is declined.

DATED THIS 31ST DAY OF MAY 2016

MARY KASANGO

JUDGE

CORAM:

Before Justice Mary Kasango

Court Assistant – Njue

Appellant:  J M K …......................

For the State: ….....................................

COURT

Ruling delivered in open court.

MARY KASANGO

JUDGE