[2013] KEHC 5410 (KLR)
The court, having found the accused guilty of murder, considered the mitigation factors including the accused's youthful age, status as a first offender, and the eight years spent in remand. However, due to the heinous nature of the crime, the court determined that a non-custodial sentence was not appropriate....
Source-derived case information.
- Citation
- [2013] KEHC 5410 (KLR)
- Parties
- Respondent: Republic; Defendant: Kipsang Kipkemboi Chebet
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2003
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to twenty years imprisonment, with eight years in remand to be deducted
- Legal Topics
- Murder, Sentencing Principles, Remand Periods, Youthful Offender, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Kipsang Kipkemboi Chebet
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to death or a term of imprisonment for the offence of murder.
- 2 Whether the period spent in remand should be taken into account in sentencing.
- 3 Whether the accused's age and status as a first offender should mitigate the sentence.
Ratio Decidendi
The court, having found the accused guilty of murder, considered the mitigation factors including the accused's youthful age, status as a first offender, and the eight years spent in remand. However, due to the heinous nature of the crime, the court determined that a non-custodial sentence was not appropriate. Guided by the Court of Appeal's decision in Godfrey Ngotho Mutiso v R, the court exercised its discretion to impose a custodial sentence of twenty years imprisonment, with the period already served in remand to be deducted from the total sentence. This approach balanced the mitigating factors with the seriousness of the offence.
Court Disposition
accused sentenced to twenty years imprisonment, with eight years in remand to be deducted
Orders
- The accused is sentenced to serve a term of twenty (20) years imprisonment.
- The eight (8) years spent in remand shall be taken into account; the accused to serve the balance.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
High Court at Eldoret
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REPUBLIC.............................................................................PROSECUTION
VERSUS
KIPSANG KIPKEMBOI CHEBET...................................................ACCUSED
RULING ON SENTENCE
The Accused has been found guilty and has been convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
The mandatory sentence for murder under the Penal Code is death. The Court of Appeal has held that the death sentence is no longer mandatory and is now the maximum sentence. Refer to GODFREY NGOTHO MUTISO -VS- R (2010) e KLR.
The court has considered the submissions in mitigaiton made by Counsel for the Accused. The court has taken into account the years the Accused has spent in remand, which total up to eight (8) years.
The court has also noted the youthful age of the Accused and that he is also a first offender.
Nevertheless, the crime committed was heinous and this court finds that the Accused is not deserving of a non-custodial sentence.
CONCLUSION:
The Accused is sentenced to serve a a term of Twenty (20) years imprisonment. The eight (8) years in remand to be taken into account. The Accused to serve the balance.
It is so ordered.
DATED and DELIVERED at Eldoret this 17th day of January 2013
A.MSHILA
JUDGE
Coram: Before Hon. Lady Justice Mshila
CC: Limisi
Mitei: for Accused
Munene for State
Accused : present
Language: Kiswahili.
A.MSHILA
JUDGE