Death penalty for nurse in fatal abortion

[Olekoima]

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An abortion attempt that led to the death of a teenage girl has earned a nurse the death sentence.

Justice Nicholas Ombija ruled that Jackson Namunya Tali, 41, was solely responsible for the death of Christine Atieno.

His attempt to secure the girl an abortion at Gachie shopping centre in the outskirts of Nairobi led to her death, the judge ruled.......
http://mobile.nation.co.ke/news/Death-penalty-for-nurse-in-fatal-abortion/-/1950946/2465518/-/format/xhtml/-/1icyxs/-/index.html

[Olekoima]

Is death penalty still in Kenyan law?

[Kim Jong-Un's Pajama Pants]

Is death penalty still in Kenyan law?

It could be but I don't think it is in effect.  Since 82.

[kadame]

Is death penalty still in Kenyan law?

Only in the books. For treason, murder and the moronic "robbery with violence". In reality, though. It's a life sentence. No President since Moi has signed on them. Moi last did it in the 80s. I wish we had thrown it away completely. Americans with all their supposed checks in their advanced justice system have shown that they constantly convict innocent people. With that kind of knowledge, I don't know how/why they or countries with much more broken systems like Kenya would still retain such an irreversible sentence. At least with life, if you find out in 30 years, you can minimize the damage kidogo by releasing the mzee.

[TheDayTheDollarDies]

Is death penalty still in Kenyan law?

Good Job by Ombija. Keep it up. At this rate, I'm willing to forgive him. Kill them all.

[veritas]

Death penalty for assisted abortion is corrupt. More young ladies will self-abort which is even more horrific. I'm not for abortion but this new katiba condones it.

Unless this judge is contravening the new katiba as a serious pro-anti-katiba, pro-Uhuru, he's got no constitutional legs to support his verdict. He's obviously working with colonial katiba. When are the judiciaries going to be reformed? Like never?

[kadame]

Death penalty for assisted abortion is corrupt. More young ladies will self-abort which is even more horrific. I'm not for abortion but this new katiba condones it.

Unless this judge is contravening the new katiba as a serious pro-anti-katiba, pro-Uhuru, he's got no constitutional legs to support his verdict. He's obviously working with colonial katiba. When are the judiciaries going to be reformed? Like never?

Is this "nurse" licenced to perform abortions? Isn't that something a doctor should do? This teenage girl, were her parents aware? At the very least, he was neligent (manslaughter), at most he was reckless (murder) as there's no way there would have been an intent to kill. The judge mustve been convinced that he was reckless and found him guilty of murder and not manslaughter.

[veritas]

Nurses do it. Legally in abortion "correction" facilities. Lots of young girls bleed to death at facilities. The judge is making a political statement. A huge error.

[kadame]

Nurses do it. Legally in abortion "correction" facilities. Lots of young girls bleed to death at facilities. The judge is making a political statement. A huge error.

I dont agree. And I dont think we have such facilities in Kenya except the back-water kinds. No way I would want some nurse doing that to my kid without my knowledge or consent and then when she dies i'm told ati politics?? I think it was negligent (manslaughter), but not murder. I mean I don't think the nurse should be killed over it,and I'm anti-death penalty (and abortion) anyway; but he should definitely spend some time in jail.

[RV Pundit]

Legalize abortion.And such backstreet clinic that endanger life will cease.

[veritas]

These are legit facilities run by trainee nurses attached to reputable hospitals in Kenya. It came to be because the proportion of girls self butchering their ovaries is common in Kenya. Health professionals can't turn a blind eye to these things. Kadame, reality is different to being high horse snobby about it.

Negligence and sentencing a man to death are two very different motives. The latter is evil.

https://www.facebook.com/DailyNation/posts/295852503821563

Justice Nicholas Ombija has claimed that an attempt by the Director of Public Prosecutions to have him withdraw from a case against an MP is part of a scheme by the Executive to hound him out of office.

[veritas]

Legalize abortion.And such backstreet clinic that endanger life will cease.

This is the contentious clause in the new katiba which drove conservative factions to a resounding "no" led by Ruto. Technically the katiba allows abortion.

[Kichwambaya]

What was this judge smoking. That is a miscarriage of justice. This is a case of criminal negligence at the most and should never be remotely considered as a death penalty case.  This is Zamunda.

[Omollo]

Legalize abortion.And such backstreet clinic that endanger life will cease.

I think somebody should start running an abortion clinic openly in Kenya. It is not forbidden to abort a pregnancy.

[mya88]

I agree that death sentence is too extreme, maybe manslaughter, because however negligent the nurse had acted, I think her intentions were not to harm/kill the little girl. Kenyan parents need to wake up to the realities of young girls experiencing some of this issues. I have heard or seen one to many cases of young girls dying at the hands of these botched procedures. Parents are ignorant and turn a blind eye, deaf ear forcing this misinformed kids to turn to these scrupulous shady backdoor clinics manned by inexperienced people out to milk them for their misfortunes. Some of these things need to be legalized and parents should be talking to their kids however difficult such conversations may be. The girl turned to her aunt instead of her mother who may have been able to prevent the unthinkable.

[veritas]

I don't think legalising it would change the fact nurses run the shots. A nurse can technically conduct an abortion and that wouldn't change if officially legal, it'll just give them more rights when negligence does occur. An abortion is not a complex procedure. Bleeding happens. Excessive bleeding is most common when areas around are punctured. This is quite common when trying to self-abort. The Nation is biased, here's a more realistic media report (except for the bit about constitution and the church's position during the referendum - that's not true)

http://www.bbc.com/news/world-africa-29370405

A Kenyan nurse has been sentenced to death after being found guilty of carrying out an abortion five years ago on a woman who later bled to death.

Abortions are illegal in Kenya, but a doctor is allowed to perform one if a woman's life is in danger.

Witnesses told the high court that Jackson Namunya Tali had agreed to help the woman, Christine Atieno, who wanted to terminate her early pregnancy.

But Tali said Ms Atieno had sought help after a botched abortion elsewhere.

Thousands of women in Kenya are treated each year for complications after unsafe abortions - a survey last year put the figure in 2012 at 120,000.

The court heard that Ms Atieno had died in Tali's vehicle as he was taking her from the clinic in Gachie, 15km (nine miles) west of the capital, Nairobi, to another hospital for more advanced treatment.

She had been bleeding for eight days following the abortion.

Judge Nicholas Ombija said the court had established "that the accused caused the death of the deceased" and convicted him of murder.

Kenya has not carried out a death sentence since 1987.

The BBC's Muliro Telewa in Nairobi says campaigners tried unsuccessfully to get abortion legalised when Kenya adopted a new constitution in 2010.

Religious leaders fiercely opposed the move, though the law was slightly relaxed.

Three doctors had been needed to certify that an abortion was necessary to save the life of the mother. Now only one doctor is required.

[gout]

Cliff Ombeta deconstructed the case on NTV yesterday...said DPP and courts shouldn't have allowed the charges to be prosecuted as none of murder conditions were met... woman took herself to the clinic....nurse never knew her so no murder intentions....

family should just hire Ombeta given these abortion guys make quite some quite some cash..abortion in gachie will range from at least 3k cash money...

What was this judge smoking. That is a miscarriage of justice. This is a case of criminal negligence at the most and should never be remotely considered as a death penalty case.  This is Zamunda.

[Omollo]

There are all manner of religious whacks occupying positions of power and they bring their prejudices from fringe quasi-religious sects to their jobs. They make seemingly upright decisions when in effect they are under the influence of vooke, Daily Bread or some preacher.

For too long Gicheru did the bidding of his evangelical whackos at the bench (the few moments when he was actually away from the sect and present at the bench!). We only came to discover this much later.

I blame the Leftists who have not seized the opportunity to ring-fence their rights. Where is the abortion clinic clearly labeled and addressed? The Katiba allows abortion in cases of rape, incest or medical incapacity / risk. So where is this clinic so women avoid going to quacks or to general hospitals where they are mistreated????

[gout]

http://www.standardmedia.co.ke/health/article/2000139331/after-landmark-abortion-case-doctors-claim-police-have-resorted-to-extortion

[RV Pundit]

How is the "mentally unstable" Ombija still serving in the high court..i thought he was found unfit to serve.