Kiambu Court Sentences 16-Year-Old to 10 Years in Prison for Murder of 20-Month-Old Baby

By | November 10, 2023

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Accident – Death – Obituary News : Kiambu Court Hands 10-Year Prison Sentence to 16-Year-Old for Murder

In a shocking verdict, a Kiambu court has sentenced a 16-year-old girl to 10 years in prison for the brutal murder of a 20-month-old baby. The court determined that the accused, identified as B.W., had intentionally taken the life of her cousin, M.K., on August 16, 2022, when the victim was just 1 year and 8 months old.

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The sentencing includes two years to be served at a borstal institution, a correctional facility for young offenders, followed by eight years at Lang’ata Women’s Prison once the minor reaches the age of majority. The judge, in alignment with the prosecution’s argument, emphasized that the severity of the crime warranted a custodial sentence for the perpetrator.

According to the prosecution’s case, the young victim was suffocated to death and callously disposed of in a borehole. This chilling act of violence sent shockwaves through the community and the nation as a whole. However, this was not the first time the accused had committed such heinous acts.

Startlingly, the 16-year-old confessed to having killed her three siblings in separate incidents that occurred in 2021. The lid on these macabre killings was only lifted in August 2022 when the father of the accused, overwhelmed by suspicion, reported his concerns to the authorities at Kikuyu Police Station.

Upon her arrest and subsequent questioning, the minor admitted to the murders of her three siblings, aged one year and three months, five years, and seven-and-a-half years. Furthermore, she confessed to drowning her 20-month-old cousin in a well at their residence in Gathiga village, Kabete Sub-County, in May 2022.

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Ordinarily, a person found guilty of murder in Kenya faces the death penalty. However, the Supreme Court’s 2015 ruling in the case of Francis Karioko Muruatetu and Another -v- Republic and Others abolished the mandatory nature of the death penalty. Justice Lucy W. Gitari, in a subsequent decision on June 8, 2020, clarified that the death sentence was not entirely outlawed by the apex court.

Nonetheless, Section 25 (2) of the Penal Code stipulates that individuals below the age of 18 cannot be sentenced to death, offering some legal protection to juvenile offenders. In contrast, Section 190 of the Children Act explicitly prohibits the imprisonment of children and instead recommends alternative measures such as placement in educational institutions, vocational training programs, or probation hostels.

Lady Justice Gitari, in her assessment of the case, highlighted that the court has discretion under Section 191 (1) (L) of the Children Act to determine the appropriate legal approach for dealing with child offenders.

The sentencing of a minor to a decade in prison for such a heinous crime has sparked widespread debate and raised questions about the effectiveness of the justice system in handling cases involving juvenile offenders. The court’s decision serves as a stark reminder of the complexity and gravity of addressing crimes committed by young individuals and the need for appropriate rehabilitation measures within the legal framework.

As this shocking case continues to unfold, it serves as a stark reminder of the importance of providing support and guidance to troubled youth while also ensuring justice is served for the victims and their grieving families..