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Jackson Tali the owner of MP Medical clinic in Gachie,Kiambu County at Milimani Law Courts,Nairobi.He was sentenced to death by Justice Nicholas Ombija after he was found guilty of causing the death of Christine Atieno by assisting her to procure an abortion at the clinic on 27th July 2009.The infant also died in the process. PHOTO DAVID NJAAGA
Nairobi; Kenya: A 41-year-old nurse has been sentenced to death for assisting a young woman procure an abortion which led to her death.
High Court judge Nicholas Ombija convicted Jackson Namunya Tali for the murder of Christine Atieno at his clinic, MP Medical Clinic and Laboratory Services, in Gachie Kiambu on July 27, 2009.
Justice Ombija heard thar Atieno visited the clinic with the intention of terminating her pregnancy and the accused assisted her to procure the abortion which turned tragic.
According to evidence, Atieno had visited her aunt in Gachie during the early stages of her pregnancy when she visited the clinic for the abortion.
The court heard that even after Tali had carried out the abortion, Atieno remained with the foetus for eight days and was bleeding.
Tali referred her to Kihara sub-district hospital but she was directed by the hospital authorities to go back to the clinic.
The court heard that the accused tried to reverse the condition by giving her a cocktail of medicine in vain. She became seriously ill and Tali opted to transfer her to Kihara sub-district hospital using his own vehicle but she died on the way.
Tali is said to have reported the matter to the police who commenced investigations and in the process the accused and his accomplice were arrested.
Later, police raided the clinic where they recovered certain items used for abortion which were presented as exhibits in the case.
In his judgment, Ombija ruled that the evidence was purely circumstantial and the court found out that he caused Atieno's death. The judge said he convicted him on the strength of the evidence given by eight prosecution witnesses.
"Going by the sum total of evidence in court, it is clear the deceased was pregnant but something interfered with the foetus leading to over-bleeding. It is against a backdrop of the said evidence on who interfered with the foetus that led to over-bleeding. The fact was within the accused knowledge," Ombija said.
The judge noted that the evidence given by prosecution witnesses, on the circumstances under which Atieno met her death, was consistent throughout the trial.
He said the accused in his testimony did not deny that he attended to Atieno. "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 and I convict him for the offence," ruled the judge.
In mitigation, Tali pleaded with the court not to hand him a harsh sentence saying he did not run away from the crime scene and instead attempted to save Atieno's life.
"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 asked the court to be lenient arguing that he had a young family that depended on him.
However, Ombija noted: "The accused person killed two people namely the infant and the mother and in the circumstance I convict him to suffer death."
Tali can appeal within 14 days.
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