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.
