13/03/03

Pregnant female spared death penalty

Saved from death-row by unborn baby

A murder suspect yesterday escaped the death sentence by a whisker after the High Court was told she is 6 months pregnant.

And Mr Justice Msagha Mbogholi was surprised at the revelation no doubt because Anna Ngonyo has been held in custody for 2 years.

A murder charge is not bailable.

Ngonyo escaped the ultimate sentence because the law forbids a judge or magistrate from handing down a death sentence to an expectant woman.

Ngonyo, together with 7 others, had been found guilty of killing businessman Lawrence Githinji Magondu on February 4, 2000 at Kitengela in Kajiado District.

However, her fate still hangs in the balance as Mr Justice Mbogholi Msagha is expected to rule on the matter next Wednesday.

The judge, who could not hide his surprise, asked her if she had conceived while in custody and ordered that she be checked to ascertain the claims.

It must be proved affirmatively that she is pregnant as a death sentence cannot be passed on a pregnant woman, he said.

He proceeded to sentence her seven co-accused, Elizabeth Gitiri Gachanja, Francis Kariokor Muruatetu, Rose Njoki Muruatetu, Wilson Thirimbu Mwangi, David Karuga Njuguna, Stephen Wambua Kamau and Stephen Kagia Njoki. Ngonyo previously sold 2nd-hand clothes before she was arrested and charged with Magondus murder.

She had denied any involvement in the killing, saying she only saw her co-accused on February 17, 2000 when they were jointly charged.

(source: East African Standard)