[2022] KEHC 15930 (KLR)
The court found that the accused, Dennis Kipkemoi Korir, intentionally attacked and killed a disabled person who was unable to escape, demonstrating a lack of respect for the sanctity of life. Despite mitigation and evidence of reconciliation between families, the gravity of the offence and the need for deterrence...
Source-derived case information.
- Citation
- [2022] KEHC 15930 (KLR)
- Parties
- Applicant: Republic; Defendant: Dennis Kipkemoi Korir
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2019
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced to imprisonment
- Judges
- AN Ongeri
- Legal Topics
- Murder, Sentencing, Mitigation, Death Penalty, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dennis Kipkemoi Korir
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused is guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code.
- 2 Whether the accused deserves a custodial or non-custodial sentence given the circumstances and mitigation.
- 3 What is the appropriate sentence for the offence committed.
Ratio Decidendi
The court found that the accused, Dennis Kipkemoi Korir, intentionally attacked and killed a disabled person who was unable to escape, demonstrating a lack of respect for the sanctity of life. Despite mitigation and evidence of reconciliation between families, the gravity of the offence and the need for deterrence outweighed arguments for a non-custodial sentence. The court held that a custodial sentence was necessary to reflect the seriousness of the crime and to serve as a deterrent to others. Accordingly, the accused was sentenced to twenty years imprisonment, with the sentence to run from the date of first arraignment.
Court Disposition
convicted and sentenced to imprisonment
Orders
- The accused is sentenced to twenty (20) years imprisonment.
- The sentence shall start running from 22/7/2019, the date of first arraignment.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Korir (Criminal Case 31 of 2019) [2022] KEHC 15930 (KLR) (11 November 2022) (Sentence)
Neutral citation: [2022] KEHC 15930 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case 31 of 2019
AN Ongeri, J
November 11, 2022
Between
Republic
Prosecutor
and
Dennis Kipkemoi Korir
Accused
Sentence
1. The Accused Person in this case was charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code.
2. The Accused Person cut several people with a panga and killed the deceased Samuel Kibet Ngetich who was disabled and unable to flee from the scene.
3. I have considered the mitigation by the Defence Counsel. The Learned Counsel said the Accused Person is remorseful for the offence he committed and he is pleads for a non-custodial sentence.
4. I have also considered the social inquiry Report filed by the Probation Officer on October 11, 2022 containing the Accused Person’s personal history.
5. The Report says that the Accused Person was never associated with committing crimes in the Community and further that the two families have reconciled.
6. The charge of Murder is a very serious one for which the law provides a death sentence.
7. There is evidence that the Accused Person attacked his friends with a panga and they fled the scene of crime. He returned again and killed the deceased who was a disabled person while PW.2 pleaded with him to spare the life of the deceased.
8. The Accused Person said he wanted to finish of the deceased so that he would be jailed.
9. The Accused Person has no respect for the sanctity of life. He does not deserve a non-custodial sentence.
10. A deterrent sentence is deserved. I sentence him to twenty (20) years imprisonment.
11. The sentence to start running from 22/7/2019 when the Accused Person was first arraigned in Court.Right of Appeal to the Court of appeal – 14 days (Explained).
DELIVERED, DATED AND SIGNED AT KERICHO THIS 11TH DAY OF NOVEMBER, 2022A. N. ONGERIJUDGE