[2023] KEHC 1263 (KLR)
The court found that, following the Supreme Court's decision in Francis Karioko Muruatetu v Republic, the mandatory death sentence for murder is unconstitutional and courts must exercise discretion in sentencing. Considering the petitioner's remorse and evidence of reformation, the court determined that a sentence...
Source-derived case information.
- Citation
- [2023] KEHC 1263 (KLR)
- Parties
- Applicant: Reuben Kiprotich Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Petition 12 of 2019
- Procedural Posture
- Resentencing Application / Resentence Ruling
- Outcome
- Petition for resentencing allowed. Death sentence set aside and substituted with 30 years imprisonment from July 31, 2008.
- Judges
- AN Ongeri
- Legal Topics
- Murder Sentencing, Resentencing Guidelines, Death Penalty Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Kiprotich Langat
Applicant
Republic
Respondent
Procedural Posture
Resentencing Application / Resentence Ruling
Legal Issues
- 1 Whether the mandatory death sentence for murder should be substituted with a determinate term of imprisonment in light of the Supreme Court decision in Francis Karioko Muruatetu v Republic.
- 2 Whether the petitioner is entitled to a resentencing based on remorse and evidence of reformation.
Ratio Decidendi
The court found that, following the Supreme Court's decision in Francis Karioko Muruatetu v Republic, the mandatory death sentence for murder is unconstitutional and courts must exercise discretion in sentencing. Considering the petitioner's remorse and evidence of reformation, the court determined that a sentence of 30 years imprisonment was appropriate. The sentence was ordered to run from the date the petitioner was first arraigned in court, July 31, 2008.
Court Disposition
Petition for resentencing allowed. Death sentence set aside and substituted with 30 years imprisonment from July 31, 2008.
Orders
- The petitioner is sentenced to 30 years imprisonment.
- The sentence shall run from July 31, 2008, the date of first arraignment.
Full Case Text
Judgment text and source record
23 paragraphs
Langat v Republic (Petition 12 of 2019) [2023] KEHC 1263 (KLR) (16 February 2023) (Resentence)
Neutral citation: [2023] KEHC 1263 (KLR)
Republic of Kenya
In the High Court at Kericho
Petition 12 of 2019
AN Ongeri, J
February 16, 2023
Between
Reuben Kiprotich Langat
Petitioner
and
Republic
Respondent
Resentence
Re-Sentence Ruling 1. The Petitioner was sentence to death on February 12, 2009 for the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars of the offence were that on July 19, 2008 at Maraba Village, Kaborok Location in Kericho County, the petitioner murdered Mercy Chepngeno.
3. The deceased was the daughter of the petitioner whom the petitioner killed using a slasher.
4. The petitioner filed submissions stating that he is remorseful for the offence he committed and that he has reformed.
5. This court has taken into account the Supreme Court Case of Francis Karioko Muruatetu v Republic
6. The Petitioner is sentenced to 30 years imprisonment.
7. The sentence to start from July 31, 2008 when the petitioner was first arraigned in court.
8Orders to issue accordingly.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 16TH DAY OF FEBRUARY, 2023. A. N. ONGERIJUDGE