https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8718

Republic v Cheruiyot (Criminal Case 4 of 2020) [2026] KEHC 8718 (KLR) (23 June 2026) (Sentence) Neutral citation: [2026] KEHC 8718 (KLR) Republic of Kenya In the High Court at Bomet Criminal Case 4 of 2020 JK Ng'arng'ar, J June 23, 2026 Between Republic Prosecution and Victor Kiprotich Cheruiyot Accused Sentence 1.The Accused, Victor Kiprotich Cheruiyot 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 were that on 1st day of March, 2020 at Kababai Village in Embomos Location in Konoin Sub-County within Bomet County, he murdered Winnie Chepkoech. 2.At the conclusion of the trial, this Court (Nga’rnga’r - J.) found the Accused guilty of the lesser offence of Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code and convicted him on 17th December 2025. Pre-Sentence Probation Report 3.The report stated that the Accused had not demonstrated any remorse for the offence as he kept denying his involvement and maintained that he is being framed. 4.According to the Probation Officer’s Report, the Local Community expressed fear as the Accused had a reputation of violence and aggressiveness. The Community opposed his plea for the grant of a non-custodial sentence and further urged the Court to impose a long custodial sentence. 5.The Probation Officer found that the Accused is not suitable for custodial sentence and recommended a substantial custodial sentence of not less than twenty (20) years Imprisonment. Victim Impact Statement 6.The report stated that the Victim’s family continues to suffer immense psychological pain, particularly because the offender persistently denies responsibility despite the overwhelming evidence against him. That the Victim’s family unanimously pleaded with the Court to consider the pain, fear and suffering they have endured and to impose a lengthy custodial sentence in order to guarantee their safety and the safety of the public. 7.In meting out a sentence, this Court is guided by the objectives of sentencing as set out in law and various legal texts. The Sentencing Policy Guidelines 2023 outlines the objectives of sentencing at paragraph 1.3.1 as follows: -Sentences are imposed to meet the following objectives. There will be instances in which the objectives may conflict with each other- in so far as possible, sentences imposed should be geared towards meeting the objectives in totality.i.Retribution.ii.Deterrence.iii.Rehabilitation.iv.Restorative justice.v.Community Protection.vi.Denunciation.vii.Reconciliation.viii.Reintegration. 8.This is in line with Article 159(2) of the Constitution of Kenya which promotes involvement of parties in resolution of matters. 9.The penal section for the offence of manslaughter is contained in Section 205 of the Penal Code which provides: -Any person who commits the felony of manslaughter is liable to imprisonment for life. 10.I have considered the circumstances of the offence and how the deceased died. I have also considered the Pre-Sentence Probation Report which is damning. The report stated that the Accused was not remorseful and still denies involvement in that deceased’s murder. In my view, the Accused is not remorseful and is not suitable for a non-custodial evidence. 11.In the final analysis, it is my finding that the Accused must serve a harsh and deterrent Custodial Sentence. In the end, the Accused is Sentenced to serve 15 Years. 12.The Sentence to run from the date first arraigned in Court on 11/3/2020. 13.14 days Right of Appeal. SENTENCE DELIVERED, DATED AND SIGNED THIS 23RD DAY OF JUNE, 2026.........................................HON. JULIUS K. NG’ARNG’ARJUDGESentence delivered in the presence of;Siele/Susan – Court AssistantsMs Koech for the StateB. Kosgei for the Accused