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S E N T E N CE
1. Zaina Kasha 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. The particulars of the offence are that on the 22nd day of January 2018 at Kangunjo area in Kisauni Subcounty within Mombasa County murdered one Bakari Ahmed Mahamud.
2. She was convicted after a full trial. The court called for both pre-sentence report and victim impact statement.
3. Mr. Okaya then made brief oral submissions seeking leniency. The report shows that the offender and the deceased got married in 1999, they had been together for atleast 19 years but they have been living in conflict. The husband was irresponsible and was abusing drugs. Their economic ability became poor that the offender decided to travel in Arab country for greener pasture, while she was there she would support the family and send money for development to the husband who allegedly would waste it. The offender returned home, the deceased was still irresponsible and violent. The offender indicates that she developed symptoms of depression and every time she sought to dissolve the union, the community including her family would encourage her to stay. On the said day, they argued as usual resulting to violence that led to death of the victim.
4. The offender is remorseful, she regrets the offence and indicate although she was fighting with the victim, she would not purpose to end his life. She is a victim of domestic violence and she was very stressed mentally disturbed at the moment. She seeks for leniency.
5. The report recommended that she be placed on non-custodial probation sentence for a period of 3 years.
6. I have looked at the circumstances of the offence and the two reports. The community is not hostile. Nevertheless, a life was lost and there is an increase in domestic violence. To facilitate full rehabilitation, the offender is sentenced to 4 years’ imprisonment from the date of conviction since was out on bond.
Dated, signed and delivered in Open Court/online through MS TEAMS,
this 8th day of October 2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of: -
THE ACCUSED PERSON AND HER ADVOCATE
MR NGIRI FOR THE STATE
MS BEBORA COURT ASSISTANT
HON. LADY JUSTICE W. K. MICHENI
JUDGE
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S E N T E N CE
1. Zaina Kasha 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. The particulars of the offence are that on the 22nd day of January 2018 at Kangunjo area in Kisauni Subcounty within Mombasa County murdered one Bakari Ahmed Mahamud.
2. She was convicted after a full trial. The court called for both pre-sentence report and victim impact statement.
3. Mr. Okaya then made brief oral submissions seeking leniency. The report shows that the offender and the deceased got married in 1999, they had been together for atleast 19 years but they have been living in conflict. The husband was irresponsible and was abusing drugs. Their economic ability became poor that the offender decided to travel in Arab country for greener pasture, while she was there she would support the family and send money for development to the husband who allegedly would waste it. The offender returned home, the deceased was still irresponsible and violent. The offender indicates that she developed symptoms of depression and every time she sought to dissolve the union, the community including her family would encourage her to stay. On the said day, they argued as usual resulting to violence that led to death of the victim.
4. The offender is remorseful, she regrets the offence and indicate although she was fighting with the victim, she would not purpose to end his life. She is a victim of domestic violence and she was very stressed mentally disturbed at the moment. She seeks for leniency.
5. The report recommended that she be placed on non-custodial probation sentence for a period of 3 years.
6. I have looked at the circumstances of the offence and the two reports. The community is not hostile. Nevertheless, a life was lost and there is an increase in domestic violence. To facilitate full rehabilitation, the offender is sentenced to 4 years’ imprisonment from the date of conviction since was out on bond.
Dated, signed and delivered in Open Court/online through MS TEAMS,
this 8th day of October 2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of: -
THE ACCUSED PERSON AND HER ADVOCATE
MR NGIRI FOR THE STATE
MS BEBORA COURT ASSISTANT
HON. LADY JUSTICE W. K. MICHENI
JUDGE
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