A minor has succumbed to poison after his biological father poisoned him in a marital woes that left another sibling in a critical condition.
In a ruling delivered at the Kisumu High Court on Tuesday, a man has been handed 30 years in prison for poisoning his two children after a family feud engulfed his house.
In the case spearheaded by State Prosecutor Mercy Mutheu Muema, murder were some of the charges placed against the accused.
The prosecution emphasized the gravity of a father terminating his child's life and advocated for a custodial sentence to serve as a deterrent to society.
Both the plaintiff and the complainant had the chance to defend their submissions. The Office of the Director of Public Prosecution (ODPP) opined that the accused was accorded enough time to defend himself against charges placed against him.
"After admitting to the facts, the probation office prepared a presentencing report, and the accused was allowed to present mitigating circumstances." Office of the Director of Public Prosecution stated.
The court established beyond reasonable doubt that the accused committed the offense; this prompted judgment pinned on the two sections of the Penal Code.
Sections 203 and 204 of the Penal Code require the prosecution to prove beyond reasonable doubt that the accused by an unlawful act or omission caused the death of the minor.
In the events preceding the ruling, the accused Vincent Odhiambo Okeyo through his legal representative pleaded not guilty to a lesser charge of manslaughter before Kisumu High Court's Lady Mwanaisha Shariff.
In her judgment, Lady Justice Shariff stressed the accused's failure to fulfill his paternal duty of protection, instead opting to end his child's life prematurely.
The court further emphasized the need to uphold the family safety principle as a key element in the sentencing report.
This comes five days after a similar court ruling was made in Milimani High Court.
The court sentenced a 36-year-old man to 40 years in prison for the murder of a fourth-year university student.
The incident occurred on June 28, 2017, along Limuru Road in Nairobi County.
The accused was found guilty of the brutal murder of a 26-year-old student who was pursuing his bachelor’s degree in Law at Mount Kenya University.
