[2022] KEHC 15059 (KLR)
The court found that the applicant, who was a juvenile at the time of the offence and has served twenty years in custody, is suitable for a non-custodial sentence based on the positive probation report and the guidance from the Supreme Court in Muruatetu. The custodial sentence already served is deemed sufficient,...
Source-derived case information.
- Citation
- [2022] KEHC 15059 (KLR)
- Parties
- Applicant: Geoffrey Kipkemoi Kemei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E015 of 2021
- Procedural Posture
- Miscellaneous Criminal Case / Ruling on Re Sentencing Application
- Outcome
- application for re-sentencing allowed; custodial sentence reviewed; applicant placed on probation supervision
- Judges
- TM Matheka
- Legal Topics
- Murder Sentencing, Juvenile Offender, Re Sentencing Guidelines, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Kipkemoi Kemei
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Case / Ruling on Re Sentencing Application
Legal Issues
- 1 Whether the applicant, convicted of murder and sentenced to death as a juvenile, is eligible for re-sentencing in light of current jurisprudence.
- 2 What is the appropriate sentence for the applicant considering time served, age at offence, and rehabilitation prospects.
Ratio Decidendi
The court found that the applicant, who was a juvenile at the time of the offence and has served twenty years in custody, is suitable for a non-custodial sentence based on the positive probation report and the guidance from the Supreme Court in Muruatetu. The custodial sentence already served is deemed sufficient, and the applicant is to be placed on probation supervision for three years to facilitate reintegration and settlement, with the condition that he abides by the supervision order and does not commit any further offences.
Court Disposition
application for re-sentencing allowed; custodial sentence reviewed; applicant placed on probation supervision
Orders
- The twenty years served in prison is sufficient custodial term for the offence.
- The applicant is placed on probation supervision for three years, during which he must abide by the supervision order and not commit any other offence.
Full Case Text
Judgment text and source record
23 paragraphs
Kemei v Republic (Miscellaneous Criminal Case E015 of 2021) [2022] KEHC 15059 (KLR) (9 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15059 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Criminal Case E015 of 2021
TM Matheka, J
November 9, 2022
Between
Geoffrey Kipkemoi Kemei
Applicant
and
Republic
Respondent
Ruling
1. On June 2, 2022, I allowed the applicant’s application for re-sentencing.
2. The applicant was jointly charged with others with Murder Contrary to Section 203 as read with Section 204 of the Penal Code.
3. They were sentenced to death in 2007.
4. To assist in determining the sentence, on re-sentencing I sought for a report from Probation and After Care Services Nakuru. It was filed on 3rd November 2022.
5. The applicant is thirty seven (37) years old and has been in custody since 2002, when he was seventeen (17) years and ten (10) months old.
6. Guided by the report, which paints him as a person ready to go back to the community and family, and pursuant to the guidance of Muruatetu 1: I find the applicant suitable for the non-custodial sentence recommended in the report, Probation and After Care Services has committed to endeavour to ensure his smooth reintegration and re-settlement back into the community and the family if released on probation supervision for three (3) years.
7. In the circumstances, the death sentence is reviewed as follows;1. The twenty (20) years’ time served in prison is sufficient custodial term for the offence.2. For the purpose of reintegration and settlement, the applicant is placed on probation supervision for three (3) years, during which he will abide by the supervision order, and not commit any other offence.
Orders accordingly.
SIGNED, DATED AND DELIVERED VIA EMAIL THIS 9TH DAY OF NOVEMBER, 2022. MUMBUA T. MATHEKAJUDGECourt Assistant JenifferApplicantMs. Murunga for state