Republic v Faith Chepkorir Ngetich [2022] KEHC 1984 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

CRIMINAL CASE NO. E032 OF 2021.

REPUBLIC..............................................................................PROSECUTOR

VERSUS

FAITH CHEPKORIR NGETICH.................................................ACCUSED

JUDGEMENT ON SENTENCE

1. The accused was charged with the offence of murder which was later reduced to Manslaughter Contrary to Section 202 as read with Section 205 of the penal code.The deceased was her daughter Abigail Chelangat which occurred at Kapnoo trading centre in Tinet location Kuresoi sub county, Nakuru County.

2. When the matter came up for fresh plea the accused admitted the charge and in mitigation she prayed for leniency.

3. The court has perused the presentencing report and it is apparent that the accused did not intend to kill the deceased but was attempting to discipline her. It seems as well that the deceased was suffering from epilepsy as she was being treated using alternative medicine.

4. The family of the deceased and the community accepts the circumstances and are ready to receive the accused.

5. The action by the accused was completely unwarranted as she used excessive force to injure the deceased who eventually died. This was made worse by the fact that she put the deceased body in a sack and threw her into a pit latrine. This action will I believe haunt her always.

6. Needless to say the accused is a first offender and she has shown remorse. She has other children who need her care. The report is positive and this court takes the above into consideration. The purpose of punishment as per the judiciary sentencing policy is to reform which I hope she shall take advantage of.

7. In the premises, the accused is hereby sentence to serve a three years’ probation period under the directions of the County Probation Officer. He is otherwise released from custody unless lawfully held for other reasons.

DATED SIGNED AND DELIVERED AT NAKURU VIA VIDEO LINK THIS 3RD DAY OF MARCH 2022.

H K CHEMITEI.

JUDGE.