[2019] KEHC 8962 (KLR)
The court considered both aggravating and mitigating factors in determining the sentence. The aggravating factor was the particularly violent nature of the murder, committed in the presence of family members, and the family's call for justice. The mitigating factors included the accused being a first offender and...
Source-derived case information.
- Citation
- [2019] KEHC 8962 (KLR)
- Parties
- Respondent: Republic; Defendant: Johanna Chepkwony Kipkorir
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 29 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to twenty years imprisonment
- Judges
- DAS Majanja
- Legal Topics
- Murder, Sentencing Guidelines, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Johanna Chepkwony Kipkorir
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of murder under the circumstances of the case.
Ratio Decidendi
The court considered both aggravating and mitigating factors in determining the sentence. The aggravating factor was the particularly violent nature of the murder, committed in the presence of family members, and the family's call for justice. The mitigating factors included the accused being a first offender and expressing remorse. Balancing these considerations, the court found that a custodial sentence of twenty years' imprisonment was appropriate, rather than the maximum penalty of death. The sentence aims to reflect the seriousness of the offence while acknowledging the accused's personal circumstances and potential for rehabilitation.
Court Disposition
accused sentenced to twenty years imprisonment
Orders
- The accused, Johanna Chepkwony Kipkorir, is sentenced to twenty (20) years imprisonment.
- Right of appeal explained to the accused.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CORAM: D.S MAJANJA J.
CRIMINAL CASE NO. 29 OF 2018
REPUBLIC ................................................................. PROSECUTOR
VERSUS
JOHANNA CHEPKWONY KIPKORIR ...........................ACCUSED
RULING ON SENTENCE
1. The accused, JOHANNA CHEPKWONY KIPKORIR, was charged and convicted of murder in that he murdered his father ANDREW CHEPKWONY SOI on 24th July 2018 at Kapsimotwo Village, Transmara East Sub County within Narok County.
2. I am now called upon to impose an appropriate sentence bearing in mind that the maximum sentence for murder is death penalty.
3. I have considered that the incident involved a family member and it was a particularly violent act done in front of family members. The family have in fact prayed for justice to be done.
4. I take into account also that the accused is a first offender and has expressed remorse and prayed for leniency.
5. Considering all the circumstances, I hereby sentence JOHANNA CHEPKWONY KIPKORIR to twenty (20) years imprisonment. Right of appeal explained.
Ruling readanddeliveredin open Courtthis 15thday ofMarch, 2019.
D.S Majanja
Judge
Mr. Nyangancha, Advocate for the accused.
Mr. Otieno, senior Prosecution Counsel, instructed by the Officer of the Director of Public Prosecutions for the State.