https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13041
The court held that despite the accused being a first offender and having a difficult background, the seriousness of the murder, lack of remorse, and hostile community reaction made a non-custodial sentence inappropriate. The proper punishment was twenty years' imprisonment, with remand time credited under section...
Source-derived case information.
- Citation
- [2026] KEHC 13041 (KLR)
- Parties
- Prosecutor: REPUBLIC; Accused: Rodgers Kibet Kiboi
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E028 of 2024
- Procedural Posture
- Criminal Murder Case; Sentencing After Conviction / Sentence Ruling After Conviction
- Outcome
- Convicted person sentenced to 20 years' imprisonment.
- Judges
- ["REA Ougo"]
- Legal Topics
- Murder, Mitigation, Presentence Report, Remand Credit Under Section 333(2), Non Custodial Sentence Unsuitable, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
REPUBLIC
Prosecutor
Rodgers Kibet Kiboi
Accused
Procedural Posture
Criminal Murder Case; Sentencing After Conviction / Sentence Ruling After Conviction
Legal Issues
- 1 What sentence is appropriate for the convicted offender for murder.
- 2 Whether a non-custodial sentence is appropriate in light of remorse, community hostility, and the presentence report.
- 3 Whether time spent in remand should be accounted for in sentencing.
Ratio Decidendi
The court held that despite the accused being a first offender and having a difficult background, the seriousness of the murder, lack of remorse, and hostile community reaction made a non-custodial sentence inappropriate. The proper punishment was twenty years' imprisonment, with remand time credited under section 333(2) of the Criminal Procedure Code.
Court Disposition
Convicted person sentenced to 20 years' imprisonment.
Orders
- Accused sentenced to twenty (20) years' imprisonment.
- Period spent in remand to be taken into account in accordance with section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **CRIMINAL CASE NO. E028 OF 2024 ( MURDER)** **REPUBLIC……………..…………………………..……..PROSECUTOR** **VERSUS** **RODGERS KIBET KIBOI…………………….……………….ACCUSED** **RULING SENTENCE** 1. **Rodgers Kibet Kiboi** was convicted by this court of the murder of Isaac Chesiro on 13/7/2026. This court requested a pre-sentence report before sentencing. 2. I have read the presentence report dated 23/7/2026. The accused is 29 years old and an orphan. He has grown up in hardship. He states he is single; however, his sister reported that he has a wife and 2 children. He drinks alcohol and uses bhang. 3. He still denies the offence but claims the criminal proceedings stemmed from a long-standing family dispute. 4. It is reported that the accused shows no remorse or insight into the offence’s impact on the deceased’s family or the community. 5. The victim's family could not be contacted. The prevailing mood in the community is one of anger, bitterness, and resentment towards the accused. The report is unfavourable. 6. Miss Lunani, for the accused, in mitigation, urged the court to consider the accused's disadvantaged family background and the loss of both his parents in his youth. She also urged the court to consider the period the accused has been in remand. 7. The accused is a first offender. Murder is a serious offence. The accused decided to end the life of a young person over land issues, despite being advised to settle the matter amicably. 8. I have considered the sentencing guidelines. It is clear that the accused shows no remorse and that the community remains hostile. A non-custodial sentence is inappropriate in these circumstances. I sentence the accused to twenty (20) years’ imprisonment. The time he has spent in remand shall be taken into account as part of this sentence in accordance with section 333(2) of the Criminal Procedure Code. **Dated, signed and delivered virtually this 19th Day of August 2026.** **R.E.OUGO** **JUDGE** **In the presence of:** **Rodgers Kibet Kiboi/ Accused** **Miss Lunani – For the Accused** **Miss Matere - For the State** **Fredrick/ Minah - C/A**