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Republic v Lowoto (Criminal Case 18 of 2018) [2022] KEHC 16024 (KLR) (5 December 2022) (Ruling)
Neutral citation:
[2022] KEHC 16024 (KLR)
Republic of Kenya
Criminal Case 18 of 2018
CM Kariuki, J
December 5, 2022
Between
Republic
Prosecution
and
Ngimoidi Emejen Lowoto
Accused
Ruling
1.The accused herein was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code (cap 63) Laws of Kenya.
2.Particulars being that on October 12, 2018, at Kileboi Manyatta, in Samburu North Sub-County within Samburu County murdered, Lorno Emejen
3.She pleaded not guilty, and the matter proceed to trial from 2018 to November 24, 2022, when judgment was delivered whereof she was convicted of a lesser offence of manslaughter.
4.The Accused mitigated after the prosecution confirmed that she is a first offender.
5.However, the Prosecution called for a custodial sentence while the defence mitigated and called for a non-custodial sentence.
6.She was arrested on November 12, 2018 and has been in custody since then for over four (4) years.
7.The court found that she was of temporary lunacy when she did the act, and thus, she did not understand what she did or she did not appreciate it due to a diminished state of mind to do so.
8.The motive and/or malice were completely undiscerned in the circumstances. The victim was her own child whom she cut the throat and wrapped victim in her back, and was carrying her dead, blood dripping as she went to town.
9.She says in her statement she was heading to the hospital. She also cut her older daughter PW 1, who survived as she managed to run and was rescued and survived after being admitted in hospital critical conditions.
10.When the judgment was being delivered, she was crying, saying she did not know what happened and feels bitter if she did that to her children. She has really suffered, according to her, after hearing of the act she did to her children.
11.She is a first offender and repentant remorseful, and extremely sorry for the deed.
12.She seeks a second chance in life as she is now seeking a non-custodial sentence.
13.Some of the factors to consider in sentencing under the Judiciary sentencing policy are;2) Mental illness or impaired functioning of the mind at the time of the commission of the offense, accused being a first offender generally, where a person is said to be a first-time offender the court usually imposes a lesser sentence as opposed to an accused who was a repeat offender, remorsefulness, period one has been in custody inter alia.
14.The court has considered the above factors and the circumstances of this case and arrived at the conclusion that the sentence of the already served period she has been in custody plus a one-year (12 months) probation period will suffice. Orders accordingly.
DATED, SIGNED, AND DELIVERED AT NYAHURURU THIS 5TH DAY OF DECEMBER 2022.CHARLES KARIUKIJUDGE
