Republic v Akidor [2025] KEHC 6186 (KLR)

Republic v Akidor (Criminal Case E029 of 2024) [2025] KEHC 6186 (KLR) (14 May 2025) (Ruling)

Neutral citation: [2025] KEHC 6186 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case E029 of 2024

HI Ong'udi, J

May 14, 2025

Between

republic

State

and

Jane Akidor

Accused

Ruling

1. Jane Akidor hereinafter referred to as the accused was initially charged with murder contrary to section 203 as read with section 204 of the penal code. This charge was later reduced to manslaughter contrary to section 202 as read with section 205 of the penal code after a successful plea bargain agreement.

2. The prosecution informed the court that the accused was a first offender as she had no previous criminal records.

3. The filed pre-sentencing report dated 30th April, 2025 explains the circumstances that led to the commission of the offence. This resonated well with the facts given by the prosecution. The defence counsel M/s Otokoma filed submissions on mitigation dated 10th April, 2025 which I have equally considered.

4. The accused is aged 23 years old. She has two sisters who are in grade eight and nursery school respectively. They have all been brought up by their maternal grandmother as their mother has remained an absent parent. That may most likely explain the accused’s lack of discipline during her relationship with the deceased’s father and the second man in her life.

5. The pre-sentence report shows that the family, the community and the administration are ready and willing to support the accused. Majority of them could not believe what had led the accused into doing what she did.

6. Upon considering the mitigation, the pre-sentence report and facts of the case I am convinced that when the accused committed the offence she was not herself. She needs social and psychological support, which will be best offered by the probation.

7. I therefore place her on probation for three (3) years. She is advised to follow the instructions of her supervisor (Ondari Lilian) which will help her be the kind of person God created her to be. She is advised to seek help and advice from the supervisor whenever there is need. She is also informed of the consequences of non-compliance with instructions from the probation office.

8. Orders accordingly

DELIVERED, DATED AND SIGNED THIS 14TH DAY OF MAY, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE