Lawyer Danstan Omari

Two women have been found guilty and sentenced to 30 years for trafficking three children.

Kerubo Nyakoe Alias MA and Isabela Wambani Alias Consepta Mutenyo were found guilty of the offense by Milimani Senior Principle Magistrate Martha Mutuku.

“I have considered the offense and considered the seriousness of the offense and I will sentence the convicts to 30 years imprisonment each,”ruled Magistrate Mutuku.

They had faced 17 counts relating to trafficking in person for organized crime contrary to section 10 of Counter –Trafficking in Persons Act number 8 of 2010, Neglect of a child and faking documents

The two were accused that on May 2015 at Kapsasul village in Kapsabet sub County within Nandi County, they transported a baby aged below one year from Kapsasul in Kapsabet Sub County to Nyali in Mombasa County

Wambani was further accused of making a false statement to be inserted in the birth register which was inserted in a birth certificate claiming that she was the mother of the said child.

In the second count the two were charged with trafficking another child below one year.

It is alleged that the area Chief who is also a Bukusu, gave a letter authorizing the child to be rescued and taken to the US if possible.

Omari said that his client and the mothers come from the Bukusu subtribe of the Luhya community where culture and custom practices on children born out of wedlock is still intact.

“Those children are defined as taboo and only option is to kill them,” the court heard

They were however arrested before leaving for Kuwait for the purpose getting them medical attention.

Wambani told the court that it was her motherly instinct that led her to do what she did and acted in utmost good faith based on the cultural practices.

“She is very remorseful (Wambani)of what happened but what she did was at that time to the best of her knowledge not a criminal offence,” said Lawyer Danstan Omari.

The court heard that to date, the other child is still in the children’s home and the law only allows him to stay there for three years. Therefore, he said, the only hope for him is the convict.

Kerubo mitigated that she is a mother of two and guardian two child children belonging to her sister.

She pleaded for leniency saying that she was just a house help when she was arrested and is the only provider for the four children.

The convict had requested that she be released with a stern warning or be given a non-custodial sentence

“The children was born through incest by her niece who got pregnant and wanted to terminate it,” Omari told the court.

The child was born by her 14 year old sister who got pregnant by her a 16 year old boy.


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