Court in Kisii jails woman for selling a one-month-old-baby for Sh 15,000

BY ERIC ABUGA

Kisii Court has sentenced Irene Nyamusi Chore to four years imprisonment in a child theft case she had appealed. 

Justice Kizito Magare, in his online ruling delivered on September 12, noted that the appellant had argued that the trial magistrate erred in law and fact by not considering the she was a first offender.

The appellant further argued that she was against the conviction of the case, and had requested the superior court to revisit the sentence of five years.

She said that she was the bread winner of her family, a mother of seven children and further pleaded guilty to save court’s time.

The accused contended that the sentence of five years’ imprisonment was manifestly harsh and prayed that the Court exercise leniency by reviewing the sentence and imposing a more lenient punishment.

In the response, the Republic argued that the sentence was proper as the appellant was given five out of possible seven years. They stated that the court exercised its discretion judiciously.

Justice Magare ruled; "The guiding principle is that credit for time spent in custody must be real and apparent on the record, not illusory or perfunctory. Failure to comply renders the sentence incomplete and unlawful. Therefore, whichever sentence is meted out, the appellant is entitled to have the mathematical days counted."

The Judge said that the court must consider aggravating factors, for example, the fact that the child was not found and that child was literally sold for a paltry sum of Sh 15,000. 

"This does not reflect the value of human life. It is less than a price of a he goat or a Dorper sheep. The fact that the Appellant had reckless disregard to human life must have consequences."

"The court is alive to the fact that other offences, including murder may follow if the appellant does not produce evidence that the child is alive. Having stolen the child she has a livelong obligation to produce evidence of proof of life, other it must be presumed that the child died at her hands, for which Article 157 of the constitution can guide."

The ruling stated; "She also gave shelter to the complainant minor. She was remorseful. Accordingly, the proper sentence in the circumstances is 4 years’ imprisonment, to run from 13.1.20 2023, being the date of arrest when the Appellant."

"The sentence of five years imprisonment set aside and substituted with four years’ imprisonment."