[2019] KEHC 10010 (KLR)
The court found that the accused deliberately killed the deceased following a dispute, and that his mitigation was undermined by evidence of a prior conviction for a similar offence. The accused's actions demonstrated intent to kill, and the social inquiry report indicated he had previously been convicted of...
Source-derived case information.
- Citation
- [2019] KEHC 10010 (KLR)
- Parties
- Applicant: Republic; Defendant: Elijah Chepkwony Kibet
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to life imprisonment
- Judges
- EM Ngugi
- Legal Topics
- Murder, Sentencing, Mitigation, Recidivism
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Elijah Chepkwony Kibet
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to life imprisonment for the offence of murder.
- 2 Whether the accused's mitigation and alleged status as a first offender should affect the sentence.
Ratio Decidendi
The court found that the accused deliberately killed the deceased following a dispute, and that his mitigation was undermined by evidence of a prior conviction for a similar offence. The accused's actions demonstrated intent to kill, and the social inquiry report indicated he had previously been convicted of manslaughter for killing his brother. The court determined that the accused had not learned from his prior conviction and did not deserve leniency. In the absence of verified records but with credible information of recidivism, the court imposed a sentence of life imprisonment, finding no exceptional mitigating circumstances to warrant a lesser sentence.
Court Disposition
accused sentenced to life imprisonment
Orders
- The accused is sentenced to life imprisonment.
- The accused has a right of appeal within 14 days.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
HIGH COURT CRIMINAL CASE NO. 26 OF 2013
REPUBLIC……………………………………………………PROSECUTOR
VERSUS
ELIJAH CHEPKWONY KIBET…………………………………ACCUSED
RULING ON SENTENCE
1. In the judgment dated 23rd November 2018, I found the accused, Elijah t Chepkwony Kibet, guilty of the offence of murder contrary to section 203 as read with section 204 of the Penal Code. I found that he had, on the 16th day of June 2013 at Makitem village in Bureti District within Kericho County, he murdered Gilbert Kipngeno Bett.
2. The state indicated that the accused may be treated as a first offender.
3. In mitigation on behalf of the accused, Learned Counsel, Mr. Ngeno, stated that the accused was aged 58, and was married with 7 children, some of whom were school going. He was the sole bread winner. He regretted the incident as the deceased was his friend. He had learnt in the 5 years he was in custody not to be over reactive to insults. He asked for forgiveness from the family of the deceased.
4. A social inquiry report was prepared and filed in respect of the accused. In the report, the Probation Office notes that the accused had previously been charged with the offence of murder which was reduced to manslaughter, and he served a jail term. In that case, he had been charged with the killing of his brother, one Joshua Kipkoech Chepkwony, when they quarreled and fought. The local administration indicates that the accused is not a good person, he often took alcohol and was suspected to be smoking bhang. It was also aware that he had been convicted for a similar offence before.
5. The accused pleads for leniency, asserting that he did not intend to kill. He further states that he is the bread winner and his family is dependent on him.
6. I have considered the mitigation offered by the accused, and the social inquiry report. I note that the prosecution informed the court that he was a first offender, though this was clearly inaccurate information. The social inquiry report indicates that he had been charged with killing his own brother and served a prison sentence. Unfortunately, the Probation Office did not bother to inquire further and establish the veracity of the information it had received. This would have assisted in obtaining the records in respect of the accused’s previous conviction and sentence.
7. Be that as it may, this court has found the accused guilty of the offence of murder. The evidence indicates that the accused started the dispute that culminated in the fatal confrontation with the deceased. He was destroying the fence to the land that the deceased had bought from the accused’s brother, and a fight ensued between him and the deceased. He went to fetch arrows and a bow and aimed at the deceased, and when he missed, stabbed him with an arrow head. The death of the deceased, though preceded by a fight, was not accidental. It was the deliberate act of the accused, and contrary to his statement in mitigation, he fully intended to kill the deceased.
8. I do not have before me the prior record that the accused is said to have. However, it is evident that, assuming the information is correct, and I see no reason why anyone would inform the Probation Office that he had killed his own brother if this was not a truthful statement, the accused did not learn a lesson about the value of human life. He does not deserve any leniency from the court.
9. In the circumstances, I hereby sentence the accused to life imprisonment.
10. He has a right of appeal within 14 days
Dated Delivered and Signed at Kericho this 21st day of February 2019
MUMBI NGUGI
JUDGE
In the presence of:
Nelson Kenei- Court Assistant
Ms. Keli- for the Director of Public Prosecutions
Mr. Ngeno-for the accused.