[2023] KEHC 22709 (KLR)
The court found that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence for murder is unconstitutional and the court is required to exercise discretion in sentencing. In this case, the applicant's affidavit in support of resentencing was general and did not demonstrate remorse or...
Source-derived case information.
- Citation
- [2023] KEHC 22709 (KLR)
- Parties
- Applicant: Bernard Cheruiyot Kiplangat; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 150 of 2018
- Procedural Posture
- Miscellaneous Criminal Application / Resentencing Application
- Outcome
- Death sentence set aside; applicant resentenced to twenty years imprisonment from 26th August 2015.
- Judges
- HK Chemitei
- Legal Topics
- Murder Sentencing, Resentencing Principles, Mandatory Death Penalty, Application of Supreme Court Authority
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Cheruiyot Kiplangat
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Miscellaneous Criminal Application / Resentencing Application
Legal Issues
- 1 Whether the applicant is entitled to resentencing following the Supreme Court decision in Francis Muruatetu v Republic.
- 2 Whether the death sentence imposed on the applicant should be set aside and substituted with a determinate term of imprisonment.
Ratio Decidendi
The court found that, following the Supreme Court's decision in Muruatetu, the mandatory death sentence for murder is unconstitutional and the court is required to exercise discretion in sentencing. In this case, the applicant's affidavit in support of resentencing was general and did not demonstrate remorse or evidence of personal development since conviction. However, considering the facts of the case and the guidance from the Muruatetu decision, the court set aside the death sentence and substituted it with a term of twenty years imprisonment, effective from the date of the original sentence.
Court Disposition
Death sentence set aside; applicant resentenced to twenty years imprisonment from 26th August 2015.
Orders
- The death sentence imposed against the applicant is set aside.
- The applicant is sentenced to serve twenty (20) years imprisonment from 26th August 2015.
Full Case Text
Judgment text and source record
22 paragraphs
Kiplangat v Director of Public Prosecution (Miscellaneous Criminal Application 150 of 2018) [2023] KEHC 22709 (KLR) (27 September 2023) (Judgment)
Neutral citation: [2023] KEHC 22709 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Criminal Application 150 of 2018
HK Chemitei, J
September 27, 2023
Between
Bernard Cheruiyot Kiplangat
Applicant
and
Director of Public Prosecution
Respondent
Judgment
1. The applicant was charged with the murder of the late Peter Kipkorir on 6th April 2012 and was convicted on 26th August 2015. He was sentence to suffer death and he later appealed to the Court of Appeal but he withdrew the appeal after filing this application.
2. This application filed on 19th June 2018 is pursuant to the Supreme Court of Kenya decision in Francis Muruatetu petition no 15 of 2015. The applicant is asking this court for resentencing again.
3. The learned state counsel has not opposed the same and in his replying affidavit filed on 12th June 2023 he deponed that the court be guided by the principles laid down in the Muruatetu authority.
4. I have read the application as well as the judgement convicting the applicant. There is no doubt that the deceased met a cruel death in the hands of the applicant and his accomplices. There was no reason why they took his life that fateful night.
5. The affidavit in support of the application is too general and only cites the Muruatetu Case. There is nothing to show any remorse by the applicant or at all. Neither has he exhibited any evidence of personal development after he was sentenced.
6. Consequently, and taking cue from the facts of the case the death sentence imposed against the applicant is hereby set aside and is sentence to serve twenty (20) years imprisonment from 26th August 2015.
7. Orders accordingly.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAKURU THIS 27TH DAY OF SEPTEMBER 2023H. K. CHEMITEIJUDGE