Case Metadata |
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| Case Number: | Criminal Revision 270 of 2013 |
|---|---|
| Parties: | Mary Njoki Nyaga v Republic |
| Date Delivered: | 13 Feb 2014 |
| Case Class: | Criminal |
| Court: | High Court at Embu |
| Case Action: | Ruling |
| Judge(s): | Hedwig Imbosa Ong'udi |
| Citation: | Mary Njoki Nyaga v Republic [2014] eKLR |
| Court Division: | Criminal |
| County: | Embu |
| Case Outcome: | Sentence of 4 years sentence set aside and substituted it with placement on probation for three years. |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL REVISION CASE NO. 270 OF 2013
MARY NJOKI NYAGA....................………………………APPLICANT
VERSUS
REPUBLIC ………………….....….………………….. RESPONDENT
R U L I N G
The Applicant's probation report is now before me. Its a very detailed report. Given the applicant's mental state she cannot be entrusted with the care of the children. She was accused of neglecting and mishandling her children. The welfare of these children is of paramount importance above everything else. She will therefore not be allowed to mess with these children's lives and she should not be given their custody as observed by the learned trial Magistrate.
However, because of her mental condition she should be allowed to access medication and social support. I therefore set aside the 4 years sentence and substitute it with placement on probation for three (3) years. The Probation County office Embu to take full charge of the applicant's matter.
H.I. ONG'UDI
J U D G E
13/2/2014
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