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NAIROBI, KENYA: A 41-year-old nurse has been sentenced to death for assisting a young women procure an abortion which subsequently led to the death of the pregnant woman.
High Court Judge Nicholas Ombija convicted Jackson Namunya Tali for the murder of Christine Atieno at her MP Medical Clinic and Laboratory Services in Gachie Trading Centre within Kiambu County on July, 27 2009.
Justice Ombija was told that Atieno visited the clinic with the intention of terminating her pregnancy and the accused assisted her procure the abortion which turned tragic.
According to evidence availed in court the deceased had visited her aunt in Gachie in early stages of her pregnancy when she visited the clinic so as to procure the abortion. The court heard that even after Tali had carried out the abortion Atieno remained with the foetus for eight days while bleeding.
He subsequently referred her to Kihara Sub-district hospital but the patient was directed by the hospital authorities to go back to the clinic.
The accused tried to reverse the condition by giving the deceased a cocktail of medicine in vain. Atieno became serious and the accused opted to transfer her from to Kihara Sub-district hospital using his own vehicle but she succumbed on their way to the hospital.
Tali reported the matter to police who swung into action and commenced investigations and in the process the accused and his accomplice were arrested.
Police later raided the clinic where they recovered items that were used for abortion.
The items were presented as exhibits in the case. Eight witnesses were also called by the prosecution.
"Going by the sum total of evidence adduced in court, it is clear that the deceased was pregnant but something interfered with the foetus leading to over-bleeding. It is against a backdrop of the said evidence as to who interfered with the foetus that led to over-bleeding a fact which was within the accused’s knowledge," Justice Ombija ruled.
"As to who interfered with the foetus it is only the accused who can explain why the deceased visited his clinic. The court therefore established that the accused caused the death of the deceased and I convict him for the offence." Justice Ombija ruled. In mitigation, Tali pleaded with the court not to hand him a harsh sentence saying he never ran away from the scene of crime and even attempted to save the life of the deceased.
"In my practise as a nurse I have never had any trouble with the law. I urge the court to be considerate before passing a harsh sentence," he said.
He also urged the court to be lenient arguing that he had a young family that depended on him for upkeep.
However Justice Ombija noted. "The accused person killed two people namely the infant and the mother and in the circumstance I convict him to suffer death."
The nurse has 14 days within which to launch an appeal against the sentence.
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