By Kenan Miruka
KISII, KENYA: A woman who strangled her three-month-old baby before burying the body in a shallow grave has been handed a five-year jail term by a Gucha court.
Edna Kemunto Mochama committed the offence on July 20, 2012 at Riosubo sub location in Nyamache district within Kisii County. She appeared before Ogembo Principal Magistrate Daniel Ogola charged with willfully causing the death of a child identified as Jane Kerubo.
She denied the charges prompting a full hearing in which five witnesses were adduced to support the case.
In his testimony, the first witness Charles Oirere told the court that on the said date, he got information that his niece had been seen walking home with a baby but it had disappeared.
He traced the accused working in a bar at Gesusu trading centre. After interrogation, she led family members to the spot in a banana farm where she had buried the baby’s body in a shallow grave and covered it with leaves.
The baby’s body had a sweater tied around the neck. The witness’s statement was corroborated by that of Fenny Kemunto, a sister to the accused. Dr David Okinyi who conducted the post mortem told the court that the baby had died out of strangulation.
In her defense, the accused claimed she had been chased away by her brothers following their parents’ death forcing her to beg for food in neighbours’ homes. She further claimed the baby had died out of a cold because she spent nights in maize plantations.
Her elder brother denied chasing her away from home and told the court he had even met the cost of the baby’s delivery but he was disappointed she had gone to work in bars.
In mitigation, she left it to the court to decide on her fate. In his ruling, Ogola noted that the accused had admitted that the child was hers but dismissed her assertion that the baby had died of a cold.
“If indeed the baby’s death had been natural, she could have informed family members. However, she tried to escape and so she is not innocent. The prosecution has proved its burden and considering the seriousness of the offence, a sentence to serve as a deterrent to those of like minds from committing such an offence is necessary,” ruled Ogola.
