Piece by: KNA by Lydia Shiloya

22 October 2021

A house girl who demanded Sh 20 million as ransom from a mother of a 21 months baby whom she abducted in Wangige has gotten a reprieve after her 13 years sentence was backdated by the Kiambu High court on appeal.

She had been sentenced to serve a total of 13 years on December 18, 2019 on two counts but proceeded to the high court saying the sentence should be calculated from the time she was arraigned for plea taking in 2016 as she remained in custody after she failed to raise the bond imposed by the Kikuyu law court which heard her case.

Agnes Gakii Kingangi had been charged that on January 5, 2016 at Wangige area in Kikuyu sub-county, she abducted Kyle Njuguna, a child aged one year and nine months with the intention of dishonestly extorting Sh 20 million from Ms Anna Njeri Njuguna.

In count 2 she was charged that on the same day and scene, she stole one mobile phone make WIKO, one house key; one pair of slippers and one identity card all valued at 26,260 the property of Ann Njeri Njuguna.

According to count 3, she was charged that on diverse dates from January 5-9, 2016 at Kinoo shopping center in Kikuyu sub-county, with menace she demanded Sh 20 million from Anna Njeri with intent to steal. In count 4, she was charged with handling suspected stolen goods to which she pleaded not guilty to the 4 counts and a hearing date was fixed for the case.

While sentencing the accused, Kikuyu Senior Resident (SRM) Mr. G. Onsarigo noted with concern that according to the probation report, the accused had previously been convicted for the offence of child stealing before.

The child’s family was still disturbed by the demand of such a huge sum of money that the accused was demanding so as to release their child. She also continued sending the accused small amounts of money for the baby’s food and upkeep and upon recovery she had shaved the baby’s hair so as to conceal its identity.

Upon the conclusion of the case in which the prosecution called six witnesses, the court found the accused guilty on two counts of abduction and demanding money with menaces so as to release the baby and convicted her accordingly.

She was however acquitted on two counts of stealing and handling suspected stolen property. She was sentenced to serve seven years on the first count and six years on the third count.

She was however aggrieved by the court not having taken into consideration the time she had been incarcerated while in custody after she was arrested and therefore proceeded to the high court for the revision of her sentence.

Upon hearing the case, Kiambu High court Judge Lady Justice Mary Kasango noted that the accused who had been granted bail and was unable to raise it after she pleaded not guilty to the four counts was entitled to benefit from the provisions of section 333(2) of the criminal procedure code.

Accordingly, Justice Kasango ruled that the sentence imposed by the Senior Principal court in Kikuyu shall be calculated to begin running from 13th January 2021.