https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12022

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAPENGURIA** **CRIMINAL DIVISION** **CRIMINAL CASE NUMBER E011 OF 2025** **BETWEEN** REPUBLIC::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTION **AND** ELIAS PKITE JACKSON:::::::::::::::::::::::::::::::::::::::::::::::::::::::: ACCUSED **CORAM: LADY JUSTICE R. WENDOH** **RULING ON SENTENCE** 1. Elias Pkite Jackson was charged with the offence of **Murder** contrary to **Section 203 as read with Section 204 of the Penal Code**. The parties entered into plea bargain and on 17/7/2026, a plea agreement was signed. Accused was charged with the offence of **Manslaughter** contrary to **Section 202 as read with Section 205 of the Penal Code**. 2. The particulars of the charge are that on 24/7/2025 at Meshau village in West Pokot Sub-county, unlawfully killed Philip Pkite Jackson. The accused pleaded guilty to the charge and was convicted. The matter is now before this court for sentence. 3. Sentencing is an exercise of the court’s discretion guided by the Constitution Laws on sentencing, the 2016 Judiciary of Kenya Sentencing Policy Guidelines and the special facts of each . The Supreme Court affirmed this position on the court’s discretion in **Francis Karioko Muruatetu and Another -vs- Republic [2017] eKLR**. The Court stated that:- ***“(72) we wish to make it very clear that these guidelines in no way replace judicial discretion. They are advisory and not mandatory. They are geared to promoting consistency and transparency in sentencing hearings. They are also aimed at promoting public understanding of the sentencing process”.*** 1. Page 15, paragraph 4 of the Sentencing Policy Guidelines provides for what the court should consider as follows:- 2. ***Retribution: to punish the offender for his/her criminal conduct in a just manner;*** 3. ***Deterrence; to deter the offender from committing a similar offence subsequently as well as to discourage other people from committing similar offences;*** 1. ***Rehabilitation; to enable the offender reform from his/her criminal disposition and become a law-abiding person;*** 2. ***Restorative justice; to address the needs arising from the criminal conduct such as loss and damages;*** 3. ***Community Protection; to police the community by incapacitating the offender.*** 4. ***Denunciation; to communicate the community’s condemnation of the criminal conduct.*** 5. ***Reconciliation; to mend the relationship between the offender the victim and the community.*** 6. ***Reintegration; To facilitate the re-entry of the offender into the society.*** 7. In this case, the prosecution treated the accused as a first offender because they did not have his previous records. 8. Mr. Lokeer, accused Counsel in mitigation, told the court that the accused is a family man; that he was a brother to the deceased and the disagreement was over family land that he was provoked, and he prays for leniency and a non custodial sentence. 9. The court called for a presentence report and one was filed dated 29/7/2026. In the said report, accused is said to have been abusing drugs and alcohol and tended to display violent tendencies and walked around brandishing a panga as a walking stick. 10. His own family who include his father are scared of him and are not ready to have him back home. His father also fears him because of the panga he always carried. 11. The community believes that he poses a security risk to them. 12. The court has considered all these factors. Accused pleaded guilty and did not waste the courts time. 13. He viciously attacked his own brother for something that they did not even own, their father’s land. This is serious offence where a young life was lost. 14. Despite the fact that the deceased was incapacitated and walking on crutches, he attacked him and repeatedly hit deceased on the head till deceased’s skull was shattered and brain matter came out. 15. From the interview with the Probation Officer, it was stated that accused seemed proud of what he did and showed no sign of remorse or empathy. 16. The deceased was a young man. His young children have lost his care, love and protection. His parents and siblings have lost him love and care too. 17. For the foregoing reason, this court finds that the accused is deserving of a deterrent sentence where he should undergo rehabilitation. He is hereby **sentenced to** **20 years** in prison. 18. The prison sentence will be computed from **8/8/2025, the date he was arraigned in court**. Sentence delivered, dated and signed in open court at Kapenguria on this 31st day of July 2026. **R. WENDOH** **JUDGE** ***In the Presence of*:-** ***Ms. Koech for State Counsel*** ***Mr. Loker holding brief for Ms. Opeondo for Accused*** ***Accused present*** ***Hellen/Juma - Court Assistants***