[2020] KEHC 404 (KLR)
The court found that although the Supreme Court in Muruatetu declared the mandatory death penalty unconstitutional, the circumstances of the petitioners' offence—rape and murder resulting in the victim's death—were particularly egregious. The petitioners' sentences had already been commuted from death to life...
Source-derived case information.
- Citation
- [2020] KEHC 404 (KLR)
- Parties
- Appellant: Geoffrey Kipkemoi Kemei; Appellant: Moses Kipkorir Too; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 6 of 2019
- Procedural Posture
- Criminal Petition / Resentencing Judgment
- Outcome
- Petition dismissed; life imprisonment sentence upheld.
- Judges
- AN Ongeri
- Legal Topics
- Murder Sentencing, Death Penalty Review, Life Imprisonment, Constitutional Rights, Fair Trial, Resentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Geoffrey Kipkemoi Kemei
Appellant
Moses Kipkorir Too
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Resentencing Judgment
Legal Issues
- 1 Whether the death penalty imposed on the petitioners for murder should be reviewed in light of the Supreme Court decision in Muruatetu.
- 2 Whether the petitioners were accorded a fair trial as required under Article 50(2)(g) of the Constitution.
- 3 Whether the commutation of the death sentence to life imprisonment is appropriate given the circumstances of the offence.
Ratio Decidendi
The court found that although the Supreme Court in Muruatetu declared the mandatory death penalty unconstitutional, the circumstances of the petitioners' offence—rape and murder resulting in the victim's death—were particularly egregious. The petitioners' sentences had already been commuted from death to life imprisonment by the President. The court considered the pre-sentence reports, which indicated remorse and reconciliation with the victim's family, but held that the gravity of the crime warranted the life sentence. The petitioners' claims of unfair trial were not substantiated to a degree that would warrant further intervention. Accordingly, the court dismissed the petitions for...
Court Disposition
Petition dismissed; life imprisonment sentence upheld.
Orders
- The consolidated petitions for resentencing are dismissed.
- The sentences of life imprisonment for the petitioners are confirmed.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
HIGH COURT CRIMINAL PETITION NO.6 OF 2019
CONSOLIDATED WITH PETITION NO.22 OF 2019
GEOFFREY KIPKEMOI KEMEI.................................................................1ST PETITIONER
MOSES KIPKORIR TOO..............................................................................2ND PETITIONER
-V E R S U S -
REPUBLIC............................................................................................................RESPONDENT
JUDGMENT ON RESENTENCING
1. The two Petitioners herein:- GEOFFREY KIPKEMOI KENEI and MOSES KIPKORIR TOO filed this Petition which was consolidated with PETITION NO.22 OF 2019 seeking review of the death penalty imposed upon the Petitioners for the offence of Murder C/Section 203 as read with Section 204 of the Penal Code Cap.63 Laws of Kenya in KERICHO CR.CASE NO.7 OF 2003.
2. The 1st and 2nd Petitioners filed Affidavits in Support of their respective Petitions in which they stated as follows:-
(i) THAT they were charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code and sentenced to death.
(ii) THAT the death sentence was later commuted to life imprisonment by the President of the Republic of Kenya.
(iii) THAT they have exhausted all appeals and they now make this Application under Article 165(b) of the Constitution of Kenya.
(iv) THAT they were not accorded a fair trial and that the trial court contravened Article 50(2)(g) of the Constitution in sentencing them to death.
(v)THAT in the case of FRANCIS KARIOKO MURUATETUand ANOTHER-VS- REPUBLIC, SUPREME COURT PETITION NO.15816 of 2015 the death penalty was declared unconstitutional and therefore they are seeking for an appropriate sentence.
3. The Court directed the Probation Officer files pre-sentence reports which I have duly considered. The said report for MOSES KIPKORIR TOO filed 3rd March 2020 states that he is remorseful for the offence he committed.
4. Further, that he accepts responsibility and pleads for leniency and also that the victim’s family and the Petitioner’s family have reconciled and are awaiting a cleansing ceremony in case the Petitioner is release.
5. The Report for GEOFFREY KIPKEMOI KEMEI also says that he is remorseful and further that the victim’s family and the petitioner’s family have reconciled and they are awaiting a cleansing ceremony.
6. I have perused the Original Court Record and the two Judgments herein. The Original Judgment found the Petitioners herein MOSES KIPKORIR TOO and GEOFFREY KIPKEMOI KEMEI and CHARLES KIPKOECH KORIR (deceased) who died in custody guilty of murder and sentenced them to death.
7. The conviction and the death penalty were upheld by the Court of Appeal. The three raped ACB and she died as a result of injuries sustained during the ordeal.
8. I find that the sentence meted against the three has since been commuted to life imprisonment.
9. I find that the sentence is well deserved in view of the gory crime committed by the three together with CHARLES KIPKOECH KORIRwho has since died.
10. I find that the petition herein lacks in merit and I accordingly dismiss it.
11. The death penalty has since been commuted to life imprisonment and I find that the same is well merited in view of the crime committed by the Petitioners and their co-accused who has since died in custody.
Dated, Delivered and Signed this 24 Day of September 2020
A.N. ONGERI
JUDGE
7/9/2020