REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL CASE NO.5 OF 2017

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

-VERSUS -

SC.................................................................................ACCUSED

JUDGEMENT

1. The Accused Person in this case was convicted with the charge of Manslaughter Contrary to Section 202 as read with Section 205 of Penal Code on her own pleas of guilty following a successful plea bargain agreement whereby the charge was reduced from that of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.

2. The Particular of the charge were that on 16/3/2017 in Bureti Sub-County within Kericho County the Accused Person unlawfully killed HK.

3. The facts were given to the court by the prosecutor as follows:-

“The Accused Person had started showing signs of mental problems.  The mother of the Accused took her with the Deceased to stay with them at [particulars withheld] Village.

On 16/3/2017, at 3 p.m., the Accused Person’s mother left with the Accused Person’s daughter to take her to Hospital leaving the Accused with her 4 year old son.

At around 4 p.m., the Accused Person entered into her mother’s house with her son the Deceased, and locked the door from inside and she set the house on fire from inside.

The Accused Person’s brother VL was coming from work and on reaching home, he saw his Mother’s house on fire.

He then rushed toward the burning house and found the door locked from inside.

He then broke the door and got hold of the Accused and dragged her out of the burning house but while doing that he heard the voice of a child crying from under the bed.

His efforts to go back and rescue the child bore no fruit as the fire had engulfed the house.

The fire burnt the Deceased completely under the bed where he had gone to hide from the fire.

The neighbours joined hands to put off the fire and the body of the Deceased was taken to Kapkatet Mortuary.

The Post Mortem showed the cause of death was 100 % burns.

The Accused Person’s brother VCL said the Accused Person had attempted to commit suicide several times.

The Accused was taken to Roret Police Station and charged with Murder which has now been reduced to manslaughter”.

4. The Defence Counsel submitted that the Accused Person was not of compus mentis at the time of the commission of the offence and further that she has been treated at Mathare Hospital and she is still on medication.

5. The Pre-sentence report filed by the Probation Officer states that the Accused Person is still incongruence in her narration of the events during the interview and she said the child that died was JC.

6. The Probation Officer formed the opinion that the Accused Person is still mentally sick and supervision and rehabilitation will be difficult.

7. This court called for a 3^rd medical Report which was filed by the Psychiatrist on 24/11/2020 which states that the Accused person is capable of following court proceedings and is fit to stand trial but she needs to follow her treatment in psychiatric clinic so that her condition can be controlled fully.

8. The Accused person has been in custody since 20/03/2017 when she was arraigned in court, a period of over three years.

9. There is evidence that the Accused person was mentally unstable at the time of the offence. Although she has been treated, she still requires close supervision and medication.

10. Taking into account the mitigating circumstances in this case, the accused person is   placed her on probation for two (2) years under the supervision of the county probation officer.

11. During that period, the probation Officer is to ensure that arrangements are made for the accused to have someone to ensure she does not relapse on her medication.

12. The conditions for release on probation are clearly spelt out to the accused person.

Delivered, signed and dated at Kericho this 3^rd December 2020.

A. N. ONGERI

JUDGE