https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7657
Because the accused persons had been convicted of murder, the offence was grave, the attack on the deceased was reckless and uncalled for, and both pre-sentence reports were unfavourable, the court held that a custodial sentence was necessary. Mitigation, first-offender status, and claimed compensation did not...
Source-derived case information.
- Citation
- [2026] KEHC 7657 (KLR)
- Parties
- Prosecutor: Republic; 1st Accused: Shaddy Kiprotich Chepkondol Alias Shadrack; 2nd Accused: Sammy Kibet Mateya
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E002 of 2023
- Procedural Posture
- Criminal Case Sentence After Conviction for Murder / Sentence
- Outcome
- Each accused sentenced to 20 years' imprisonment.
- Judges
- ["REA Ougo"]
- Legal Topics
- Murder, Mitigation, Pre Sentence Report, First Offenders, Compensation to Victim's Family, Custodial Sentence, Section 333(2) CPC
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Shaddy Kiprotich Chepkondol Alias Shadrack
1st Accused
Sammy Kibet Mateya
2nd Accused
Procedural Posture
Criminal Case Sentence After Conviction for Murder / Sentence
Legal Issues
- 1 What sentence should be imposed on the two convicted murderers.
- 2 Whether mitigation, first-offender status, pre-sentence reports, and compensation to the victim's family justify a non-custodial or reduced sentence.
- 3 Whether remand time should be taken into account under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
Because the accused persons had been convicted of murder, the offence was grave, the attack on the deceased was reckless and uncalled for, and both pre-sentence reports were unfavourable, the court held that a custodial sentence was necessary. Mitigation, first-offender status, and claimed compensation did not justify a lesser sentence.
Court Disposition
Each accused sentenced to 20 years' imprisonment.
Orders
- Shaddy Kiprotich Chepkondol Alias Shadrack sentenced to twenty years' imprisonment.
- Sammy Kibet Mateya sentenced to twenty years' imprisonment.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Chepkondol alias Shadrack & another (Criminal Case E002 of 2023) [2026] KEHC 7657 (KLR) (2 June 2026) (Sentence) Neutral citation: [2026] KEHC 7657 (KLR) Republic of Kenya In the High Court at Bungoma Criminal Case E002 of 2023 REA Ougo, J June 2, 2026 Between Republic Prosecutor and Shaddy Kiprotich Chepkondol Alias Shadrack 1st Accused Sammy Kibet Mateya 2nd Accused Sentence 1.Shaddy Kiprotich Chepkondol Alias Shadrack, and Sammy Kibet Mateya have been convicted of the murder of David Mungong Kiprotus alias David Sirwo. 2.The accused persons are first offenders. 3.I have read the pre-sentence report filed in court on 12/5/2026. The report on Shaddy Kiprotich is unfavourable. Sammy Kibet’s report is unfavourable as well. 4.Ms Natwati filed written submissions in mitigation. I have considered them alongside the cases cited. The accused persons have asked this court to take into account their decision to compensate the victim's family. The cases cited don’t favour the accused persons; one involved a minor, and the other was a case of manslaughter. 5.I have considered the sentencing guidelines. Murder is a serious offence. The attack on the deceased was reckless and uncalled for. In my view, a custodial sentence is appropriate. I therefore sentence each accused person to twenty years' imprisonment. The period that the accused persons have been remanded shall be taken into account in compliance with the provisions of section 333(2) of the C.P.C. DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 2ND DAY OF JUNE 2026.R E OUGOJUDGEIn the presence of:-Shaddy Kiprotich/1st AccusedSammy Kibet/2nd AccusedMs Gacau for the StateMiss Natwati – AbsentWilkister C/A