https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10561

**REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BOMET** **CRIMINAL CASE NO. 14 OF 2020** **REPUBLIC……………………….…..….….. PROSECUTOR** **VERSUS** **EMMANUEL KIRUI ALIAS KIMONDA….…….. ACCUSED** **SENTENCE** 1. Emmanuel Kirui Alias Kimonda (Accused) was charged with the offence of murder contrary to **section 203 as read with Section 204 of the Penal Code**. The particulars were that on 5th July 2020 at Nyamarenda Village, Kaptebengwet Location in Konoin Sub-County within Bomet County, he murdered Benard Biegon. 2. At the conclusion of the trial, this Court found the Accused guilty of offence of Murder**.** **Pre-Sentence Probation Report** 1. The report stated that the Accused expressed deep remorse for the events that led to the death of the victim and humbly sought the forgiveness of this court. He stated that he personally requested his family to initiate reconciliation efforts with the family of the victim, although the process stalled because the victim’s family refused give them audience. The Accused pleaded for leniency and prays to be considered for a non- custodial sentence. 2. According to the Probation Officer’s Report, the local Community portrayed the Accused as young hardworking man who had no prior fracas with any of the community members. The community did not feel any threat the Accused would pose should he be granted a non- custodial sentence. However, the local community expressed concern regarding the prevailing emotions within the victims’ family. They noted that the family was still deeply aggrieved by the loss of their kin and may harbor feelings of anger and injustice. That, there was apprehension that the Accused could face hostility or possible harm from members of the victim’s family if he were to return to the community. The community did not oppose his prayers. 3. The Probation Officer recommended a custodial sentence. **Victim Impact Statement** 1. The Victim’s family decried of the heavy financial burden and obligation occasioned by the victim’s demise in addition to emotional pain occasioned by the loss. 2. The report also stated that had the accused shown remorse by informing them early that he had injured their kin, they would have mobilized resources to take him to hospital and that his life might been saved but he rather chose to hide and failed to inform them of the incident despite living approximately 200 meters apart. 3. The report also stated that the family strongly oppose the accused being granted a non- custodial sentence. They maintained that only a custodial sentence would give them a sense that justice had been served. 4. In meting out a sentence, this Court is guided by the objectives of sentencing as set out in law and various legal texts. The **Sentencing Policy Guidelines 2023** outlines the objectives of sentencing at paragraph 1.3.1 as follows: - **Sentences are imposed to meet the following objectives. There will be instances in which the objectives may conflict with each other- in so far as possible, sentences imposed should be geared towards meeting the objectives in totality.** 1. **Retribution.** 2. **Deterrence.** 3. **Rehabilitation.** 4. **Restorative justice.** 5. **Community Protection.** 6. **Denunciation.** 7. **Reconciliation.** 8. **Reintegration.** 9. The penal section that deals with murder is provided for under **section 204 of the penal code** which provides that any person convicted of murder shall be sentenced to death. 10. I have considered the circumstances of the offence and how the deceased died. I have also considered the Pre-Sentence Probation Report. The Accused’s written mitigation dated 10/6/2026 and the states submissions on sentencing dated 6th May 2026. It is my finding that the circumstances of the case and the nature of the deceased’s death warranted the Accused to serve a custodial sentence. The Accused will however be spared from the maximum sentence which is death. 11. In the end, the Accused, Emmanuel Kirui Alias Kimonda is sentenced to serve 15 years imprisonment. The sentence to run from the date of plea taking on 22/10/2020 **Sentence delivered, dated and signed this 15th day of July, 2026.** **........................................** **HON. JULIUS K. NG’ARNG’AR** **JUDGE** **Sentence delivered in the presence of:** **Siele / Susan (court assistance)** **Ms. Koech for the state** **No appearance for the accused**