THE ACCUSED PERSON WAS CHARGED WITH THE OFFENCE OF MURDER CONTRARY TO SECTION 203 AS READ WITH SECTION 204 OF THE PENAL CODE .
She pleaded not guilty and the state called a total of 8 witnesses on a bid to prove its case.
The accused is represented by Ms Musyoki Advocate .
After her conviction, a social inquiry report dated 9th July 2024 was prepared by Rosemary A Nyonga. It was positive and she sought a non custodial sentence.
The Learned Advocate for the Defence, pointed out that the report shows she is a first offender and relates well with the family .
The Social inquiry report shows that she was related to the victim through marriage as he was her brother in law. The circumstances of the offence was that the victim was suspected of witchcraft. The report suggested a non custodial sentence so that a conversation around witchcraft and those suspected of the vice can start .
Ms Maina sought the full penalty pointing out that the offender was not remorseful . She pointed out that the victims relatives did not give their input.
I have considered the judgment, the social report and the submissions from both sides. It is noted that incidences of killing of people suspected of witchcraft is extremely prevalent in that Jurisdiction . She hails from Pehoni which has been described as a place with a lot of lawlessness.
The report shows that the offender and her daughters attacked their in law with jembes and killed him on unfounded allegations of witchcraft.
The court does not believe that the best way to deal with this vice is leniency. A strong message ought to be sent to the community that life is precious and no one should take the law into their own hands.
For the above reasons the court will not be lenient
The accused person is therefore sentenced to serve 10
years in prison.
Dated, signed and delivered virtually this 18th day of July 2024.
Wendy Kagendo
Judge
Present
The accused person and her advocate Ms Musyoki
Ms Maina for the state
Babora court assistant
She pleaded not guilty and the state called a total of 8 witnesses on a bid to prove its case.
The accused is represented by Ms Musyoki Advocate .
After her conviction, a social inquiry report dated 9th July 2024 was prepared by Rosemary A Nyonga. It was positive and she sought a non custodial sentence.
The Learned Advocate for the Defence, pointed out that the report shows she is a first offender and relates well with the family .
The Social inquiry report shows that she was related to the victim through marriage as he was her brother in law. The circumstances of the offence was that the victim was suspected of witchcraft. The report suggested a non custodial sentence so that a conversation around witchcraft and those suspected of the vice can start .
Ms Maina sought the full penalty pointing out that the offender was not remorseful . She pointed out that the victims relatives did not give their input.
I have considered the judgment, the social report and the submissions from both sides. It is noted that incidences of killing of people suspected of witchcraft is extremely prevalent in that Jurisdiction . She hails from Pehoni which has been described as a place with a lot of lawlessness.
The report shows that the offender and her daughters attacked their in law with jembes and killed him on unfounded allegations of witchcraft.
The court does not believe that the best way to deal with this vice is leniency. A strong message ought to be sent to the community that life is precious and no one should take the law into their own hands.
For the above reasons the court will not be lenient
The accused person is therefore sentenced to serve 10
years in prison.
Dated, signed and delivered virtually this 18th day of July 2024.
Wendy Kagendo
Judge
Present
The accused person and her advocate Ms Musyoki
Ms Maina for the state
Babora court assistant