A 41 year-old Jackson Namunya Tali escorted by a policeman to Milimani law court basement cells after he was given a death sentence by the High Court for procuring an abortion.
BY SAM ALFAN.
A nurse will spend the rest of his life in prison after he was given a death sentence by the High Court for procuring an abortion.
Justice Nicholas Ombija sentenced the 41 year-old Jackson Namunya Tali to death after finding him guilty of committing the offense in 2009. The constitution of Kenya however rules out any death sentence commuting the same to life imprisonment.
Jackson Namunya Tali whose work station was at Kihara sub district hospital, in Gachie Kiambu County as a medical officer at the time is said to have facilitated an abortion five years ago.
According to evidence provided in the High court, Christine Atieno now deceased and who was apparently expectant at the time visited the clinic of the accused with the express intention of having her pregnancy terminated.
The convict procured an abortion which resulted into over bleeding and eventually the death of the patient
.Jackson Namunya Tali the convict however did not deny attending to the late Atieno admitting that he offered her some form of treatment but denied procuring an abortion.
In his defense, the convict told the court that the deceased had been treated elsewhere eight days before she visited him for consultation. But while passing a death penalty sentence to the nurse justice Ombjia said the court had established that there was some which malice leading to the death of the patient.
He further stated that the nurse interfered with the fetus which led to over bleeding and subsequently the death of Atieno. Namunya however is at liberty to move to the court of appeal to pray for the verdict to be overturned.
In July 2014 in a landmark judgment in the case of Godfrey Ngotho Mutiso vs. the Republic the Court of Appeal declared that the application of a mandatory death sentence on all prisoners convicted of murder was unconstitutional.
The Court of Appeal ruled that the mandatory nature of the death penalty in Kenya is a violation of the right to life and amounts to inhuman punishment.
The judge said it was clear to him something interfered with the fetus leading to deaths.
“As to who interfered with the fetus that led to the over bleeding was a fact within the accused knowledge only he, could explain how the deceased who visited his clinic while well and not bleeding happened to over bled culminating into her demise”
He said the evidence against the medical practitioner was purely circumstantial.
In his mitigation, the accused told the court that he was a first offender and had never had any trouble with the law and asked the court to consider the fact that he had been in custody for the last years.
However the judge said a prima facie case had been established to sustain the charge of murder.
Namunya has 14 days to appeal against the conviction and sentencing.