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Woman jailed for three years over child theft linked to love triangle dispute

According to the prosecution, led by Counsel Martin Mbote, Wanyonyi unlawfully took the minor with the intent to deprive the child’s mother, Mispher Chepkenoi, of her lawful guardianship.

A Mombasa court has sentenced a 26-year-old woman to three years in prison after she admitted to stealing a three-year-old child in what prosecutors described as a revenge act linked to a domestic dispute.

The accused, Asha Wanyonyi, was convicted of child stealing contrary to Section 174(1)(a) of the Penal Code following her appearance before Principal Magistrate Jamlick Murithi.

The court heard that the offence was committed on March 20, 2026, in the Soweto/Kiwerera area of Likoni Sub-county.

According to the prosecution, led by Counsel Martin Mbote, Wanyonyi unlawfully took the minor with the intent to deprive the child’s mother, Mispher Chepkenoi, of her lawful guardianship.

The prosecution told the court that the incident was rooted in a long-standing personal dispute involving a love triangle between the accused, her estranged husband, and the complainant.

Wanyonyi pleaded guilty to the charges on two occasions. Despite being cautioned by the court about the consequences of her plea, she maintained her admission, paving the way for sentencing.

“The accused pleaded guilty twice, and despite being warned by the court of the consequences, maintained her plea,” the court heard.

Before issuing its sentence, the court requested a pre-sentence report from the Probation Department to provide further insight into the circumstances surrounding the offence.

The report revealed that the crime was driven by emotional tension stemming from a relationship dispute involving the three adults.

“The pre-sentence report guided the court in making an appropriate sentence against the accused, noting a love triangle,” the court was told.

According to the report, the accused and the complainant had been entangled in a prolonged conflict lasting about two years, fueled by allegations of an extramarital affair between Wanyonyi’s estranged husband and the complainant.

The situation reportedly escalated, culminating in the child’s abduction.

The court heard that on the day of the incident, Wanyonyi took advantage of the child’s vulnerability after the mother had left for work, leaving the minor in the care of her grandmother.

As the elderly caregiver attended to chores inside the house, the accused seized the opportunity.

“In a bid for revenge, the accused waited for the woman to leave her home for work, leaving her child to be tended by her grandmother,” the prosecution stated.

“She tiptoed and snatched the playing child,” the court heard.

After taking the child, Wanyonyi reportedly returned to her house, packed her belongings, and fled the area. She crossed the busy Likoni ferry and boarded a bus headed to western Kenya, with Bungoma as her intended destination.

In a move that shocked investigators, the accused allegedly informed the child’s mother of the abduction via text message while en route.

The mother, who was at work at the time, rushed to Likoni Police Station to report the matter, prompting an immediate investigation.

“The traumatized mother hurriedly left her job to report the incident… with detectives launching a manhunt,” the court was told.

Authorities tracked the suspect to Bungoma, where she was eventually arrested in possession of the child. The minor was safely recovered.

In her pre-sentence interview, Wanyonyi admitted that her actions were driven by jealousy and emotional distress linked to her husband’s alleged affair with the complainant.

“The offender conceded that she committed the offence out of jealousy… intending to disrupt the affair and assert control over the emotionally strained situation,” the report indicated.

She also expressed remorse for her actions, acknowledging the emotional harm caused to the child and the family.

The report noted that the accused cited anger and bitterness as key factors behind her decision.

Despite her remorse, the court underscored the seriousness of the offence, particularly in light of rising cases of child theft in the coastal region.

“There have been rampant cases of child stealing cases in Mombasa hence the court gave a deterrence sentence,” the prosecution noted.

In delivering the sentence, the magistrate emphasised the need to protect minors and deter similar offences, stating that the unlawful removal of a child from lawful guardianship constitutes a grave violation of both the law and the rights of the child.

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