Child’s Silent ‘Mitigation

A toddler evoked humanity  in a city magistrate hand a drug  trafficker unusual  lenient  one year non custodial  sentence.

Amina Abdi Kiyo was handed  a non custodial  sentence  after the  Senior  Principal  Magistrate  Benard Ochoi  considered  the  probation  report  from the probation  officer.

The convict  was charged  with an offence  of  traffic  2131 grams of cannabis Sativa (Bhang) valued  at ksh 63931, a consignment  that was found  concealed  in hole dug on the floor  of her matrimonial home.

During  the court session  the child  would  one point innocently  chuckle and the inconsolably  cry, interrupting  the magistrate  as read the magistrate.

In his ruling, the Ochoi  said that the court  had considered  the fact that the  convict  was a first  time  offender  and that her place of residence  was fixed  she could  not at flight risk.

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“We have considered  the probation  report  of the probation  officers  and established  that the Amina  Abdi is a first  time offender and have proven  to be be remorseful  of the act, since her place of residence  is known  she is not at flight  risk.” Magistrate  Ochoi  ruled.

In another  considered  consideration, the magistrate  took notice  of toddler and highlighted  that  convict  was breastfeeding  mother and in the interest  of justice,probation report had considered  the welfare  of the  child to recommend  non custodial sentence.

“The court has also considered  the holistic  upbringing  that the child who was not part of the crime  deserves  and made a decision  that she be given uncustodial sentence.”He added.

He further  said that, the offenders was remorseful  for having  been  involved  directly  or in directly  in the offence  drug  trafficking.

The court further  took notice that Amina was first not the first  accused and  could  have been  indirectly  involved as the  said drug  was found  in her matrimonial.

The convict  will serve  in community  services  under supervision  of Maua probation  officer, in Meru County.

Sentenced  In Absentia

Her husband  Francis Mwenda,the first  in the case had fled without  a trace  was also sentenced  to two years imprisonment in absentia,a sentence  that would  be begin  upon  arrest. A warrant  of arrest  was extended.

By Rodgers Oduor

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