[2024] KEHC 2501 (KLR)
The court found that the applicant had not demonstrated any circumstances warranting review or revision of the sentences imposed for murder and attempted murder. However, the court acknowledged an omission in the previous sentencing order regarding the commencement date of the sentence and directed that the sentence...
Source-derived case information.
- Citation
- [2024] KEHC 2501 (KLR)
- Parties
- Applicant: Lydia Jelagat Kipngetich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E012 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Review/revision of Sentence
- Outcome
- Application for review/revision of sentences declined; orders made regarding computation of remand period and concurrency of sentences.
- Judges
- RB Ngetich
- Legal Topics
- Murder, Attempted Murder, Sentencing Review, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lydia Jelagat Kipngetich
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Review/revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a review or revision of the sentences imposed for murder and attempted murder.
- 2 Whether the period served in remand should be computed towards the sentences.
- 3 Whether the sentences should run concurrently.
Ratio Decidendi
The court found that the applicant had not demonstrated any circumstances warranting review or revision of the sentences imposed for murder and attempted murder. However, the court acknowledged an omission in the previous sentencing order regarding the commencement date of the sentence and directed that the sentence should start from the date of arrest. The court further ordered that the period served in remand be computed towards both sentences and that the sentences should run concurrently, as previously ordered. The substantive prayer for review or revision of the sentences was declined.
Court Disposition
Application for review/revision of sentences declined; orders made regarding computation of remand period and concurrency of sentences.
Orders
- Prayer for review/revision of both sentences is declined.
- Period served in remand to be computed in respect to both sentences.
Full Case Text
Judgment text and source record
21 paragraphs
Kipngetich v Republic (Criminal Miscellaneous Application E012 of 2024) [2024] KEHC 2501 (KLR) (13 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2501 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Criminal Miscellaneous Application E012 of 2024
RB Ngetich, J
March 13, 2024
Between
Lydia Jelagat Kipngetich
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on the 24th day of September 2021 at Kabel shopping centre, Marigat Sub-County within Baringo County murdered David Kiprop Changole. In the lower court she was charged with the offence of attempted murder.
2. The applicant seeks review both in respect to sentence in the murder case that was before and attempted murder before the lower court. I have perused ruling on sentence for murder and I note that I omitted order for sentence to run from the date of arrest. I will proceed to order that sentence to start from the date the applicant was arrested.
3. In respect to prayer for review of sentence, there are no circumstances demonstrated by the applicant to warrant review of sentence imposed by this court. In the lower court, the applicant was charged with attempt to murder the mother of the children whom she finally murdered after inflicting serious injuries on the mother. Considering circumstances of this case, I decline to review/revise sentence imposed by the trial court in respect to attempted murder.
4. In conclusion, the prayer for review/revision of both sentences is declined. Period served in remand to be computed in respect to both sentences and both sentences to run concurrently as earlier ordered.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KABARNET THIS 13TH DAY OF MARCH 2024. .............................................RACHEL NGETICHJUDGEIn the presence of: Applicant present.
Ms Ratemo for State.
Kibet, Court Assistant.