INTRODUCTION
In a recent case delivered on 7/07/22; Republic versus SWN- Nakuru Criminal Case Number 22/ 2019, an accused person who was mentally unfit stabbed her son killing him instantly. During sentencing and mitigation, the accused person was very remorseful and accepted the consequences of her actions. She indicated to court her efforts of regular attendance at the medical facilities due to her condition. This case demonstrates the growth of jurisprudence when it comes to enhancing justice in the criminal sector.
BRIEF FACTS
The facts of the case are the accused despite being a responsible mother to her son, was sickly and unstable. This was according to her former boyfriend and father of their son. On a fateful night of March 2019, She stabbed her four-year-old son two times in the chest killing him instantly. She then tried to stab herself three times.
She was charged with two counts; murder and attempted suicide according to the Penal Code Chapter 63 Laws of Kenya. During plea taking, the court noted that the accused person was unfit to take plea according to the psychiatrist. She was placed in confinement for purpose of treatment to assist the court on her fitness to take plea and proceed with the case. After two months, she was fit to take plea and she pleaded not guilty on both counts.
On 22/11/2021, she entered into a plea bargain agreement with the prosecution and she pleaded guilty to manslaughter a lesser charge.
ISSUES AND FINAL DETERMINATION
The main issue to be determined by the court was the role in sentencing an accused person who is mentally unfit. The Court made the following orders:-
- The young woman was very remorseful of her actions and she needed adequate care and treatment. She was in need of retribution and she was assisted by her mother whenever she was going to the clinic. She looked forward to taking care of her remaining son in a better environment.
- The probation report made by the Probation Officer recommended that the best option was not to punish but to facilitate healing and wellness. This will enhance a restorative justice system.
- A one-year probation period was ordered to be served by the accused person.
CONCLUSION
This was yet another happy ending in the criminal justice system because a second chance was given to this young woman. She has a whole new life ahead of her thanks to the court for being remorseful and just. It becomes a healing process whenever parties can agree to sustain a restorative society. Let justice be our shield.
Ruth Rotich is an Advocate of the High Court of Kenya, Member of the Young Lawyers Committee Law Society of Kenya; Owner of Legal Podcast WAKILI GUMZO, Human Rights Activist, and an Academic Scholar.
