Republic v HMM [2023] KEHC 24564 (KLR)

Republic v HMM (Criminal Case E018 of 2022) [2023] KEHC 24564 (KLR) (17 October 2023) (Sentence)

Neutral citation: [2023] KEHC 24564 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E018 of 2022

A. Ong’injo, J

October 17, 2023

Between

Republic

Prosecutor

and

HMM

Accused

Sentence

1. The accused was convicted for the murder of her Son one-year-old AM. This court called for Victim Impact Statement but the same was not filed for reasons that Secondary Victims were not available for interview. Instead the Probation Officer prepared and availed Pre-Sentence Report in which it is recommended that the accused be placed on Probation for 3 years so that she could stay with her 2 daughters who stay with their biological father YMB PW 8 in Bombolulu as they are turning into teenagers and their father stays with them in a single room.

2. This court has considered that the innocent and vulnerable child who depended on the accused died because of the accused person’s selfish interests. She got rid of him so she could travel to the UAE.

3. PW 8 YM said that since they separated in 2017, it was the 1st time he was seeing the accused who left him with 2 daughters. There is nothing to show that if released she will be able to take care of the children as she has never had their interest at heart.

4. This court finds that the accused should be punished not just to deter other would be offenders but also to make her know that life is sacred and that the late AM who was only one-year-old had constitutional right s to life. The accused needs to learn that she has no right to take away life as she cannot create even a strand of hair. The commensurate punishment in my view is 10 years to commence from 2nd August 2022.

5. Right of Appeal – 14 days explained.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 17TH DAY OF OCTOBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGE