A 45-year-old woman on death row for killing her 17-month old baby couldn’t hide her joy after she was released by court
Susan Mutongori mother of five expressed her joy, praising Justice Joel Ngugi and blessing him for giving her chance to be mother to her now grow up children
A 45-year-old woman on death row for killing her 17-month old baby couldn’t hide her joy after she was released by court.
Susan Mutongori mother of five expressed her joy, praising Justice Joel Ngugi and blessing him for giving her chance to be mother to her now grow up children.
While delivering a ruling Ngugi observed that Mutongori has been in prison for more than thirteen years for her conviction.
“I am persuaded that the time served is sufficient, in circumstances of this case, no more sentencing objectives would be achieved by further incarceration of the applicant,” ruled the Judge.
The court noted that the woman was convicted on the basis of circumstantial evidence, given that she was the last person with the baby, the next thing the baby was found at flyover around Naivasha.
“Mutongori was unable to give adequate explanation on what had happened, in fact she gave oddly conflicting and implausible story which led to the suspicion that she had killed her daughter,” judge noted.
However, the court was curious on the evidence where it pointed out that the child was sexually molested, indicating that there was a third person involved.
During re sentencing hearing, Mutongori admitted that she had gave her daughter ‘Mchele’ (a coma inducing drug) so that she would leave her overnight as she went to ‘work’.
Mutongori added that she had disagreed with her boyfriend who had threatened to do something nasty to her.
She suspected that her boyfriend who had the key to her house went home earlier than her sexually assaulted the girl and killed her, when she arrived home the baby was already death.
“I panicked blaming myself for inducing my child to sleep and locking her in the house I decided to dump the body at a flyover,” She said.
Mutongori is said to have killed her daughter between May 30, 2006 and the June 6, 2006 at Naivasha Township, the accused murdered Jeska Salome.
She was later convicted to death on November 9, 2006, she appealed but on 2010 court of appeal judges dismissed her application and upheld her sentence.
Ngugi pointed out that Mutongori recommendation from prisons was impressive, she become trusted and loved inmate, meaning she has taken a better turn.
“In my view considering the entirety of the facts, it is appropriate to substitute the death sentence pronounced on her and impose a sentence equal to the time already served.”
“The applicant shall therefore be released from prison forthwith unless otherwise lawfully held,” Ngugi ruled.
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