Republic v J A W [2015] KEHC 8482 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT HOMA BAY

CRIMINAL(MURDER) CASE NO:  9  OF  2013

BETWEEN

REPUBLIC …. PROSECUTOR

AND

J A W …....…...... ACCUSED

SENTENCE

The accused, J A W was charged with the murder of her infant son G O A alias B O on 3rd January 2011 at [particulars withheld] Location, Rachuonyo South, Homa Bay County. She has now pleaded guilty to the offence of manslaughter.

The circumstances of the offence were quite unfortunate and as she killed her own son. There is evidence that the accused was suffering from severe depression which could have led to her act. She was arrested on 5th January 2011 and remained in custody until 11th March 2014 when she was released on bond.  She has been attending court without fail.

I therefore consider the time served while in custody sufficient for the offence she committed. I also take into account that she is a mother with a young child. In the circumstances, I discharge her and she is now at liberty.

DATED and DELIVERED at HOMA BAY this 1st day of July 2015

D.S  MAJANJA

JUDGE

Ms Ongeti, Prosecution Counsel, instructed by the Office of the Director of Public Prosecutions for the State.

Mr Osoro, Advocate for the Accused.